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Queen's University at Kingston 

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History of Canada 




E. R. SMITH & SON, Publishers, 


Political History of Canada. 


CANADA— (1763-75.) 

After the formal cession by France of 
Canada to England in 1763, quite a num- 
ber of the French sailed for France, prin- 
cipally those connected with the regular 
army, and members of the French bureau- 

Gen. Murray was named by the English 
as commandant at Quebec. Gen. Gage, 
at Montreal, and Col. Burton at Three 
Rivers. Oen. Amherst was made Govern- 

Murray established martial law. He 
formed a council of seven army otficers to 
decide on the most important civil and 
criminal causes. Other affairs were aban- 
doned to the jurisdiction of lesser com- 
manding officers in the country districts. 
The military rule was needed to pacify 
thoroughly the country. Otherwise the 
French had the rights of British citi- 
zens, and their legal institutions were 
respected, according to agreement by 
treaty. They refused to appeal, how- 
ever, in the courts established by Mur- 
ray, preferring to settle their disputes 
before the courts of their own seigneurs, 
or by arbitrament of the clergy. By this 
means the influence of the clergy was ex- 
tended. From this time forward the Eng- 
lish found that the political influence of 
the clergy was a formidable antagonist. 

When Murray was named as Governor- 
General in plaoe of Sir Jeffrey Amherst 
ki 1763, it was provided (Sept. 17, 1764) 
that, in the Superior Court " Her Mar 
jesty's Chief Justice presides with power 
and authority to determine all criminal 
and civil cases agreable to the laws of 
England, and the ordinances of this pro- 
vince." Murray formed a new council, 
from English material, to exercise all le- 

gislative, judiciary and executive func- 

These powers of government were now 
bent to combat the privileges of the 
Seigneurs and the influence of the Catho- 
lic clergy, simply because these two 
bodies held together the French people, 
so that they were beyond the control of 
the British. 

The chief points of attack of the Eng- 
lish party, were the feudal systems and 
the Catholic religion. The English politi- 
cians disgusted the English Governor-Gen- 
eral Murray himself, who, in the de- 
spatches to the British ministers de- 
cribes them in this manner : " The es- 
tablished government (British rule in Que- 
bec) has chosen its magistrate and juries 
from among 450 shop-keepers, artizans 
and petty farmers, who are contemptible 
from their station and ignorance. There 
is no reason to suppose that they will 
be able to resist the effect of their own 
importance in power. They hate the Ca- 
nadian nobility because of their birth 
and demand for respect : they detest the 
other inhabitants because they see them 
beyond the oppression they would like 
to impose." 

This political party of the English, by 
possession of all the offices, formed a 
bureaucracy. They knew that the only 
chance of preserving the offices which 
they held, was to keep the French out. 
Artzing from " Shopkeepers, artizans and 
petty farmers "; from a class without 
sentiment or tradition, and being with- 
out independent estates, they were pre- 
pared to lick the hand that buttered 
their bread, and this hand belonged to 
any political plan they might hatch into 
life, for the conversion of the power and 
wealth of the country into their own 
hands. As antagonism to the French and 
self-support went together, they formed 
the schemes according thereto. 

- y*£ /8o 

This third power, the English Bureau- 
cracy, therefore, hastened to put itself 
in communication with the British min- 
isters—the source of colonial appoint- 
ment—in order to make a permanency of 
its pretensions. But Murray was neither 
so stupid nor so vulgarly arrogant as the 
general English official. He had a sym- 
pathy for the Canadian. He published an 
edict deciding that, in regard to family 
succession and the tenure of lands, the 
laws and usages of the French should 
operate, according to the treaty. This 
was a great blow to the bureaucracy. 

Murray hastily but truly described the 
material from which the early British 
government in Canada was forced to 
chose the officers. ," From a cloud of 
adventurers, intriguers, valets and do- 
mestiques who followed in the train of 
the English troops." The chief judge 
knew not the French language, had for- 
merly been an inmate of the Dartmouth 
prison in England, and Murray was 
obliged to dismiss him for incapacity and 
send him back. These people, elevated 
at the expense of the French, ,put on the 
airs of a court nobility and were as des 1 
picable as their pretensions were great. 
In spite of having all the offices, they 
were not satisfied. They demanded a re- 
presentative government, in which they, 
themselves alone, were to be eligible to 
office, and the only electors. According 
to the law in England, which did not al- 
low Catholics to vote, they believed the 
people of Canada to be likewise dispos- 
sessed of all voice in governmental af- 

Gov. Murray refused to he a party to 
this intrigue in the matter. It was their 
first move against one of the strongholds 
of the church, because the bulk of the 
French population was Catholic. On 
Murray's refusal to countenance them, 
the bureaucracy turned against him. 
They thought by having a representative 
government to be independent both of the 
Crown and of the French. They sent pe- 
titions to the ministers for Murray's re- 
call. They excited some of the London 
merchants to present a request to the 
Bureau of Commerce against the adminis- 
tration and in favor of instituting an 
elective chamber in the colony. 

Murray passed over to England in 1766., 
When he laid before the ministers the 
facts of the case. He showed that it 
would be impossible to exclude Catholics 
from government, since there were but 
500 Protestants to 69,275 Catholics. The 
Royal Privy Council declared that the 

complaints against Murray were mali- 

The bureaucracy, successful in procur- 
ing Murray's removal, pressed their at- 
tack on the church further. The most 
ardent wished to apply English laws 
against the papists. An English univer- 
sity, not knowing the purpose of the 
bureaucracy to be selfish, but supposing 
that it was for the conversion oi the 
French from the papal religion, suggest- 
ed the following method of procedure : 
" Never speak against papists in public, 
but in private undermine their doctrine. 
Engage the young to marry Protestants. 
Do not dispute with the clergy and watch 
the Jesuits and Sulpcians. Do not 
actually extort the act of allegiance. Re- 
duce the bishop to indigence. Foment di- 
vision between him and the clergy. Ex- 
clude Europeans irom the episcopate as 
well as inhabitants of the country who 
have merit. . . Render the religion ce- 
remonies ridiculous, that are intended to 
enhance the mind." 

It was preposed by the chaplain of the 
garrison, who acted as Protestant minis- 
ter at Quebec, to take possession of the 
Catholic bishopric with all the dependent 
property. The Lords of the Treasury 
wrote Receiver-General Mills that, the 
lands of the Jesuits had passed to the 
Crown, but that the Jesuits might be 
allowed a small annual pension there- 
from. A representative government was 
demanded to exclude Catholics. This 
latter measure, if carried, would have 
made the bureaucracy indeed an inde- 
pendent and absolute oligarcny. 

At this time, in 1766, on account of the 
passage of an act by the British Par- 
liament to affix an internal revenue tax 
on the American colonies, a relief was 
offered the French in Canada, so that 
they might be withheld from joining the 
opposition which the southern colonies 
began to raise against the exaction of the 
British Parliament. An ordinace was 
passed in England, notwithstanding the 
protests of the bureaucracy, to allow 
Canadians to act on juries and as at- 
torneys and advocates. 

In 1766 Messrs. Grey and Yorke, Com- 
missioners for the Crown, presented their 
report to parliament. They attributed 
disorder in Canada (1) to administration 
under the bureaucracy without concur- 
rence of the inhabitants, "(2) to alarm 
caused by the proclamation of 1763, 
which made the inhabitants believe that 
the ancient laws and classes of the coun- 
try were to be withdrawn. They ap- 

proved the judiciary system prepared by 
the Lords, which allowed for the divi- 
sion of the province into three districts, 
the establishment of a court of chancery 
consisting of the Governor and Council, 
acting also as a court of appeal, and the 
setting up of a superior court formed by 
a judge in chief, assisted by three infe- 
rior judges, each having a knowledge of 
the French language and of the laws of 
the country. This proposition of the 
commissioners and lords, however, did 
not become law. 

Gen. Carleton was appointed governor 
in 17G6. In 1770 he returned to Lon- 
don with the Seigneur de Lotbiniere to 
be heard on Canadian affairs. Merriott, 
Thurlow and Wedderburn were at this 
time in England at the head of the ju- 
diciary. Merriott, after considering the 
report brought before him, thought that 
a representative form of government for 
the French in Canada was premature. He 
believed in a council chosen by the Crown 
from among Protestants. If it was ne- 
cessary to permit the Catholic religion, 
the connection with Rome ought to be 
abolished, and a Catholic bishop was 
not needed. He proposed the expulsion 
of the Jesuits, and that all religious 
communities be abolished after the death 
of their present members. He suggested 
that the youth of Canada be instructed 
without regard to religious creeds. It 
must be understood that Merriott did 
not attack the papist belief because he 
was a bigoted Protestant, but because, 
as a creed, he believed that it teaches 
unethical doctrine : First, that " No 
faith shall be kept with heretics "; sec- 
ondly, because it denationalizes a people 
by causing them to give allegiance, not 
to their native rulers, but to the Pope ; 
thirdly, because it destroys that frater- 
nity which sought to exist among every 
people of the same blood and degree of 
intelligence, outweighing the folly of 
priestcraft and creeds ; fourthly, and es- 
pecially in this case, for it comes as a 
corrollary of the last, it hindered the 
cultivated French from a participation in 
British affairs, through the yoke imposed 
on them by the jealousy and hatred of 
the priesthood for Protestants. 

A religious bigot, Protestant or Catho- 
lic, is not ethical. He is without gene- 
rosity and veracity. A people that is 
subservient to any kind of clergy is liable 
to become bigotted. The clergy of any 
belief form a profession whose livelihood 
is in the pockets of their congregation. 
It is for their own interest to swell their 

congregation by every artifice that can 
be invented. It is also for this inter- 
est to obtain as complete sway over the 
minds of the believers. To do the one, 
they resort to promises and the claim 
of ability in miracle working ; to do 
the other, they involve the terrors of 
death and after torment until they arouse 
themselves and their hearers into a fren- 
zy of fanaticism over certain points that 
partakes of the wildness of delirium. As 
Merriott thought, the Catholic church had 
trie greatest control of this sort over the 
people ; it was the Catholic church that 
he would strike at first. 

Lord Thurlow followed Merriott in sug- 
gesting that the French people in Cana- 
da be permitted all the civil and religious 
customs which they had had under their 
former government. 

Wedderburn went further and suggested 
that the Catholic church in Canada be 
permitted to retain every control not in- 
compatible with the King's sovereignty 
and the colony's political arrangement. 

Encouraged by the best members of 
the Home Government, the Seigneurial 
Order held an assembly in 1773, and pe- 
titioned the King for the re-establishment 
of their ancient rights and privileges. 
The language of the Seigneurs in their 
petition was replete with respect for the 
royalty of Britain. At the same time the 
bureaucracy protested against having 
these rights and privileges restored, be- 
cause it would deprive (themselves) the 
English of their hold on the colony. 

Now, to understand who were the Sei- 
gneurs, as forming the right wing of the 
French party, it is necessary to revert 
to their origin. There were twenty-nine 
lordships, or seigneuries, granted bv Ri- 
chelieu from 1626 to 1663. The first no- 
ble fief was bestowed on Louis Hebert, 
Sieur de Espinay, in 1626, by the Due de 
Ventadour. Cape Tourmente had been 
erected into a barony and conferred on 
Guillaume de Caen and his heirs, but 
was not registered until after the Sei- 
gneurs were enrolled in an order and took 
investiture at the Castle of St. Louis 
at Quebec. They were incorporated by 
the King Louis XIV in Canada and in 
Louisiana. In 1669, seigneuries were 
granted to all the officers of the Carig- 
nan Regiment settled in Canada. They 
were mostly from the military nobility 
of France. The common soldiers received 
from their officers land on which to set- 
tle with their families. This regiment. 
with that of the Royal Roursillon in 
Canada, contained the veterans of Tu- 

renne. The land that each seigneur re- 
ceived was erected into a hereditary 
lordship under some name. It became a 
little kingdom where the family of the 
seigneur lived, honored and respected, 
consulted and obeyed by the tenants in 
war and in peace. The seigneurs were 
independent because of their position, 
and were able to be just without fear. 
They obtained the sympathy of the higher 
officers of the British army and of the 
aristocracy of England. They felt, after 
they had sounded the troubled sea of 
Canadian politics, that with their friends 
among the Barons of England, they might 
sec ire a cable with which to ride out the 
storm. As before stated, the seigneurie 
was hereditary in the family of the 
grantee, who held it from the King. 
He was the civil magistrate and the mi- 
litary leader within the limits of his 
fief. His heir succeeded to the seigneurie 
without paying a due to the King, pro- 
vided he was in direct succession. If he 
was a collateral, he paid to the King, 
on his accession, the amount of one 
year's rent. The seigneur might sell his 
seigneurie on consent of the King and 
the natural heir, but in this event one- 
fifth of the value of the seigneurie went 
to the King. The name of the Seigneu- 
rie could be attached to the name of 
the possessor only by consent of the 
King, and such consent was in itself an 
anoblissement. After having been once 
attached to the name of the possessor 
by royal permission it remained a part 
of the family name, even after the sei- 
gneurie, so far as the property was con- 
cerned, but the matter of consent for the 
higher attributes of seigneurial distinc- 
tion was vested in the King, so that 
none should enter xha J . oner by this 
means Atho were not qualified by birth 
distinction and personal character. After 
1711 no new seigneuries were created 
with seigneurial courts. After that date, 
magistracy was transferred to civil ser- 
vice officers, distinct from the order of 
seigneurs, and who occupied in French 
Canadian affairs the same relative sta- 
tion as that filled by the subsequent 
English bureaucracy. 

This Seigneurial Order was to be at- 
tacked by the English bureaucracy and 
made a companion target with the Ca- 
tholic church. But the bureaucracy could 
not compete in England with the just re- 
presentations of the seigneurs. At this 
time they were saying that, as Protes- 
tant English thev were necessarily loval, 
when (1775) to "the South, the English 

American colonies, also Protestant, were 
arming against England. The fact that 
they were English by the light of the 
same day, did not prove that they could 
be depended on,— for the Americans were 
also English, and were now in a state 
of rebellion. 

The British Government in 1774, by the 
Act of Quebec, restored to the Seigneurs 
their privileges and to the Catholic 
French their rights as British citizens in 
spite of the protests of the bureaucracy. 
That body in May, 1775, by the hand of 
the agent in London, presented a bill to 
the House of Lords to have the Act of 
Quebec of the previous year annulled. At 
the same time the rebellious American 
colonists, in congress assembled, con- 
curred with this bureaucracy in the pro- 
mulgation of this grief against England, 
by placing this same Act of Quebec among 
them. They declared that the British 
Government had overthrown the English 
laws of Canada and recognized the Cath- 
olic religion. " We are not able," said 
they, " to conceal our astonishment, 
when a British Parliament has consented 
to give legal existence to a religion that 
has inundated England with blood, and 
has extended hypocricy, persecution, mur- 
der and revolt throughout the world." 
This American congress prepared three 
addresses : One to the King, another to 
their fellow colonists, and a third to the 
Canadians. In their address to the King 
they sought to convince him of their 
loyalty and to urge him against the Ca- 
tholics of Canada. In that to their own 
people, they endeavored to withdraw 
them as far as possible from a favorable 
consideration of loyalty to the Crown 
and influence them to support congress. 
In that to the Canadians they expressed 
the most friendly sentiments towards the 
Catholics. They showed them the ad- 
vantages of a free constitution. They 
invited them to join the other colonies 
to defend their " common rights, and 
send delegates to the new congress." 
" Dare to be free !" they wrote. " We 
recognize the generous sentiments which 
distinguish your nation, and do not be- 
lieve that difference of religion will turn 
you from our .friendship and alliance. 
You are not ignorant that it is the na- 
ture of Liberty to lift above every weak- 
ness those whom it unites in a common 
cause. The Swiss cantons furnish a me- 
morable proof of this truth. They are 
composed of Catholics and Protestants 
and they enjoy a perfect peace. Thanks 
to the concord which constitutes and 

maintains their liberty, they are able to 
defy and even to destroy every tyrant 
who would wrench it from them." 

In 1774, Gen. Sir Guy Carleton return- 
ed to Canada to inaugurate the Act of 
Quebec. He chose a legislative council 
of 23 members, « of whom were Catho- 
lics and seigneurs. Several other Catho- 
lics, were appointed to public offices. The 
former English bureaucracy dissolved into 
their anterior petty condition, or retired 
on the revenue which they had gained, 
seeing themselves ousted by the triumph 
of the seigneurs, turned towards their 
brethren of the American congress. 

Acting under this secret encouragement 
the insurgent Americans advanced in 
1775, and surprised the British post at 
i Ticonderoga. They hastened across the 
border towards Montreal and captured 
Fort St. John, which had but a feeble 
garrison. The Baron de Longueuil as- 
sembled 25 French loyalists and retook it 
from the Americans and drove them out. 

The American congress assembled and 
addressed another letter to the Cana- 
dians explaining that the taking of Ti- 
conderoga and Cape Point were parts 
of a defensive system and did not mean 
any menace to them. The French were 
invited to join the colonists in arms, on 
account of the grievances they had suf- 
fered. But the Seie;neurial Order were 
loyal to a man. They stood firmly by 
the Crown and royalist principles, al- 
though the English in Canada itself, com- 
posed mostly of adventurers and the com- 
mercial classes were either openly or se- 
cretly encouraging the rebellious Ameri- 
cans who recruited a regiment of Eng- 
lish Canadian refugees with here and 
there a French malcontent. The lower 
classes among the French Canadians were 
also, if anything, inclined to aid the 
Americans, and on several occasions when 
the seigneurs summoned their tenants to 
arm for the crown, they were met by 
curses and in some cases, with threats 
and violence. At this time it was the 
Seigneurial Order that held Canada for 
the Crown. without which brave and 
loyal efforts the country would have en- 
tered into the league against the Empire, 
or else have been the passive battle 
ground between the American invaders 
and the European troops of England. 



During the epoch 1776-83 politics had 
to be dropped out of sight behind more 
tragic happenings. Yet while the grand- 
er events of life and death fixed every 
attention, but that of a few, to the 
fields of strife, the few began a political 
muster in Canada, as well as in the 
United States. That class of people who 
gain of livelihood by supplying bad beef, 
wormy biscuit and shoddy blankets to an 
army in the place of good, commenced 
to amass wealth on both sides of the 
line and ally themselves, for mutual pro- 
fit to those government officials who had 
the giving of contracts. The rogues of 
every civilization attempt to do this at, 
all times, but in war time most of all 
when examination is not critical. They 
come to the front easier in those coun- 
tries that are controlled by elected and. 
irresponsible politicians, who find them- 
selves a monied interest in the same in- 

Although there are complaints in the: 
published French and English correspon- 
dence of that date, in regard to this, 
they are of small account to the utter- 
ance of Gen. Washington in his letter to- 
Gen. Lee on the other side of the line- 
For on that side there was no royal 
power — even though far distant — to hold 
in check the irresponsible demagogues of 
the American Congress, who more than 
once brought despair to the mind of 
Washington and his followers. 

During the war of 1776-83 the major 
part of the French in Canada were in- 
different to either party in the struggle. 
The English in Canada were friendly to 
the Americans and furnished them with 
the cadres of two regiments. The sei- 
gneurs, however, recognized that Canada 
must remain a royal province, or there 
would be a ruin" of those institutions 
founded by the royalty of France and 
which it was their pride and interest to 
maintain. They of ail parties in Canada 
were loyal to the Crown. But then, 
they were the nobility and loyalty is one 
of its attributes. 

In the beginning of -the war English; 
fleets blockaded American ports and Eng- 
lish armies, assisted by loyalist levees 
held many places on the coast. 
After the battle of Bunker's Hill, June 
17, 1775, a plan was projected by the 

Americans for the invasion of Canada. 
It was thought that invasion would 
relieve the pressure of British troops on 
the American coast towns by causing the 
troops to be sent to Quebec and Mon- 
treal. It was believed that the French 
in Canada could be won over to aban- 
don the English and join with the Amer- 

Gen. Philip Schuyler, of New York was 
named by Congress commander of the 
Army of the 'North. He was to menace 
Montreal by advancing by Lake Cham- 
plain. This action, it was believed, 
would draw the British, under General 
Carleton, from Quebec to defend the 
frontier, and, while Carleton was absent 
from Quebec another American force, un- 
der Gen. Richard Montgomery, was to 
advance on that city and to be reinforced 
by two other bodies of troops, one under 
Col. Arnold, marching through the 
woods of Maine, northward, and an- 
other under Col. St. Clair coming from 

On his appearance before Fort St. 
John, in Canada, Schuyler addressed a 
proclamation to the French, stating that 
he was acting only against the support- 
ers of George III and that the property, 
liberty and religion of non-combatants 1 
would be respected. 

The French inhabitants of Lower Can- 
ada, except the seigneurs who were de- 
cided royalists, took no notice of Schuy- 
ler and resnained neutral. The English 
people of Upper Canada had a leaning 
towards the revolutionists, and many of 
them had opened a secret and treasona- 
ble correspondence with the Committee 
of Public Safety of New York. 

The American advance had really no- 
thing to oppose it. No armed force ap- 
pearing, Montgomery entered Montreal 
and passed onward. The citizens of Trois- 
Rivieres sent a deputation to him to 
know his intentions. He replied that he 
would not cause disquietude to the inha- 
bitants, or injury to tneir property ;ithat 
he came not as a destroyer, but to pre- 
serve the liberties of the Canadians. The 
city opened its gates to him and allow- 
ed him to enter. He descended the St. 
Lawrence and joined Arnold, who had 
appeared at Point Aux Trembles. 

Washington had given instruction for 
this invasion, that the tranquility of the 
French-Canadians should not be disturbed 
or their prejudices wounded ; that what- 
ever was taken, as provisions, should be 
paid for liberally, and that soldiers who 
committed wrong on the inhabitants 

should be punished. 

Gen. Carleton was piloted down the 
St. Lawrence, secretly, by Capt. Bou- 
chette, in an open boat, past the watch- 
fires of the Americans which were flam- 
ing on either bank. November 22nd, 
1775, he ordered the French and English 
militia to assemble in Quebec, and com- 
manded those who would not bear arms 
to leave the city. A number of English 
shop-keepers and artizans, with Adam 
Limeburner at their head, retired into 
the Isle of Orleans and other places, to 
await the issue and then to cry " Long 
live the King," or " Long live Con- 
gress," whichever way it went. 

Had the French in a body, instead of 
remaining neutral, joined the seigneurs 
who were active for the Crown, the Am- 
ericans would have had a Chateauguay 
in the beginning to deal with instead of 
waiting for the war of 1812-15. As it 
was, Montgomery and Arnold were be- 
sieging Quebec with 1,400 men. The 
population of Quebec was 5,000. The 
garrison, militia and regulars amounted 
to 1,800. But the population could not 
be depended on, so antagonistic were 
they to the English, and the militia 
mostly shared the feelings of the popula- 
tion. The place, however, was well pro- 
vided with cannon and mortar. These 
together, with the magnificent fortifica- 
tions rendered the task of Montgomery 
almost hopeless. He had no great artil- 
lery and had to depend either on seige 
or assault. His men, poorly clad for the 
climate of Canada, were beginning to 
fall away before the inroads of disease. 
Besides, the factious and unprincipled 
Arnold commenced to quarrel with the 
other officers and created dissensions; 
and anarchy, where there should have 
been order and subordination. 

Montgomery, in the meantime, by his 
moderation, liberality and frankness with 
the Canadians of Montreal and Trois-Ri- 
vieres, showed that he possessed the iqua- 
lities of a statesman, as well as those 
of a soldier, for he won many over to 
his cause. But he was aware that his 
position was an anomalous one so long 
as Quebec remained uncaptured. On the 
31st Dec, 1775, therefore, Montgomery, 
with scarcely 1,300 men, at 2 o'clock 
in the monang, advanced to the assault 
of the city. Col. Livingston, with a band 
of Canadians who had joined the Ameri- 
cans, made an assault on the St. John's 
gate, which the vigilance of the Seigneur 
Le Compte du Pre saved from capture. 
Maj. Brown, with another party, moved 

against the citadel. 

While Carleton's garrison were engaged 
with these, Col. Arnold was sent with 
450 men to storm the batteries of Sault- 
au-Matelot. Montgomery , at the head 
of the fodrth and principal column, gave 
word for a general advance so soon as all 
the divisions had arrived at their 
stations, which was at 4 o'clock in the 
morning. Montgomery's men carried the 
first barrier of Pres de Ville at the point 
of the bayonet, but were arrested at the 
second by a terrible discharge from a 
masked battery of seven guns. Here 
Montgomery fell, mortally wounded. Col. 
Campbell, who succeeded him, ordered a 
retreat, which ended in a panic and 

Arnold, on his side of attack, was 
wounded. He was succeeded by Morgan, 
a Canadian, who commanded a charge, 
and the batteries on that side were cap- 
tured with the loss of but one man. But 
Morgan's men, unsupported, were quick- 
ly surrounded, and those who were not 
taken, owed their liberty to the celerity 
of their withdrawal from the city. 

By the death of Montgomery, Arnold 
became the chief officer of the Americans. 
He sent a message to Congress demand- 
ing re-inforcements. About this time Con- 
gress sent a commission to the Cana- 
dians, composed of Dr. Franklin and 
Rev. John Carroll. 

This commission arrived in Montreal 
April 29, 1776. The Canadians recalled 
the fact that Franklin, now beseeching 
them for an alliance, was the same 
Franklin who had been sent to England, 
a few years before, to petition England 
against them then. ^Carroll, although a 
Catholic, had no better success with 
them than Franklin, even though they 
both pledged the •' sacred honor (?) of 
the United States, that, the treaty of 
Paris of 1763 should be the constitution 
of Canada in the United States al- 

The French Canadians replied that on 
account of the contradictions in the pre- 
vious addresses of the American Con- 
gress, they could put no faith in " Am- 
erican honor," and, moreover, that the 
British monarchy, which was a " re- 
sponsible government," had guaranteed 
the treaty, by the Quebec Act of 1774. 

A little later than this, reinforcements 
of British troops arrived at Quebec. The 
Americans were driven west to Mon- 
treal and finally were pushed out of 
Canada, their retreat being covered by 
a division from Washington's army, com- 

manded by Gen. Sullivan, who had ad- 
vanced as far north as Fort St. John. 

Because the Seigneur Le Compte du 
Pre had so ably frustrated the Ameri- 
cans at St. John's gate before Quebec, 
they, from revenge, burned the chateau 
and ravaged his estates, which were out- 
side the city walls. To illustrate the 
noble character and devotedness of this 
seigneur, it may be said that at the 
close of hostilities, Gen. Carleton urged 
Le Compte du Pre to send in his bill to 
the government for indemnity for his 
lossies. " General," replied the gallant 
seigneur, " I have no bill to present. 
What I have suffered in loss of property, 
I give it as a proof of my loyalty to the 

In the meantime the British govern- 
ment had made arrangements with Brun- 
swick, Hesse and other German states 
to send troops to Canada. The Iroquois 
Indians were subsidized " to join the 
tomahawk and scalping knife to the 
sword and rifle of King George III." Ten 
battalions of English troops were united 
with these and all were placed under 
command of Gen. Burgoyne. 

The English advanced and gained pos- 
session of the entire Lake Champlain 
district, and the Americans were driven 

At the beginning of 1777, the ex- 
chequer of warfare was thus represent- 
ed : The English had been driven from 
Boston in the north and Charleston in the 
south. Between these points Lord Howe' s 
English army was entered as a wedge, 
and had carried victory on its course, 
not only beyond the Delaware into Phi- 
ladelphia, but seizing New York, it ex- 
tended a line of fortified camps up the 
Hudson. To the north of this was Bur- 
goyne'a well-equipped corps, already in 
possession of the Lake Champlain dis- 
trict. The valley of the Hudson, with 
Clinton and Howe in command of its 
southern position and the plains of 
Champlain in possession of Burgoyne, 
formed one continuous water-communica- 
tion, broken only by a few miles of 
shallow and turbid streams and hilly 
land. It was a natural suggestion to the 
military mind, that, the easiest way to 
conquer the colonies would be by detach- 
ing sections of them, one by one, from 
the support of the others, and crush them 
in detail. If Burgoyne marched south 
along the Hudson and Clinton north by 
the same river, their junction would cut 
New England off from the aid of the 
other colonies in arms. Gen. Howe, at 

Philadelphia, turned towards the south, 
would keep off Washington's army, which 
had been compelled to retreat into the 

In the meantime, the friends of Ameri- 
ca in Britain compelled the government 
to offer an accommodation to the insur- 
gents. But there were too many resent- 
ments in the colonies to be overcome. 
The best of the colonists were hopeful 
for some settlement, provided that it 
might be accomplished with dignity to 
themselves. But the democracy, whose 
members predominated in Congress, drunk 
with power, which their excited concep- 
tion was unable to appreciate, except 
for their own advancement, urged on their 
efforts the more to excite popular opposi- 
tion to the British connection, now that 
Britain was making overtures. 

This political syndicate of America or- 
dered the publication of Torn Paine's 
miserable invective in book-form, termed 
" Common Sense." It was certainly the 
commonest and meanest kind of sense 
that could be expected from a drunken 
politician, abounding in tirades against 
royalty and aristocracy, and appealing to 
the same base passions that fully illus- 
trated themselves in the French " Reign 
of Terror." After this treatise had 
operated on the common mind Congress 
issued the Declaration of Independence. 

This declaration is the most confusing 
admixture of dignity and impudence, of 
wisdom and folly, of grandeur and mean- 
ness that could be expected only from 
the diversity of parties, that became 
equal in its conception, and that in this 
equality, united to bring it forth. It con- 
tained within itself elements which could 
never be fused into a homogenity, and it 
only required a term of peace for the 
parties that had engendered it to con- 
template their work, when they were 
ready to tear each other to pieces in civil 

The cry of their declaration was for 
liberty. At the same time, demagogues 
inserted the stumbling word : equality. 
Now, any arrangement which makes men 
outwardly equal, destroys the liberty of 
some and grants to others privileges they 
only abuse. 

The assertion that " All men are creat- 
ed equal " was either a perversion or a. 
misunderstanding of the Roman phrase, 
" Omnes Homines aequales sunt," as 
written by the Roman jurisconsults. In 
the Roman Republic, which was never a 
democracy, but was first a monarchy, 
then a commonwealth with an hereditary 

aristocracy holding the chief political 
power, and finally an empire, the Roman 
citizens had certain privileges which for- 
eign subjects of Rome did not enjoy. 
There was created a court and a code of 
laws called " Leger gentium," for causes 
between Roman citizens and other sub- 
jects, where in each man appeared free 
and equal. That is, ,n that court, ex- 
pressly created, the Roman enjoyed no 
more privileges than the provincial. This 
was how and why " All men were creat- 
ed equal," — by law and for legal pur- 
poses only. 

French and American writers on dem- 
ocracy, and ignorant demagogues of all 
countries, would extend the meaning of 
this equality to social affairs and politi- 
cal privileges as well, when liberty de- 
mands otherwise for the sake of the de- 
velopment of talent and the preservation 
of merit. Justice demands equblity only 
in the legal sense. This equality has been 
the stumbling block of modern civilization 
Many a " ship of state " may yet be 
destined to be wrecked on this perverted 
meaning thrown in the channel of its 

So soon as these affairs of contention 
between England and her colonies were 
known in France, it became the desire of 
the Due de Choiseul, Prime Minister 
there, to assist the American colonists in 
order to enfeeble the power of England 
by depriving her of her dependencies and 
to set up the heir of the Stuarts in 
America. Count de Vergennes, another 
French noble, wished to profit by this 
occasion to reconquer Canada and Cape 
Breton. The Due de Levis offered his ser- 
vices. It was thought that 10,000 French 
troops, landed in Canada, provided with 
20,000 stand of arms, to arm the French 
Canadians, would be sufficient output 
to wrest Canada from Britain. The 
Count d'Estang, French admiral, sounded 
the depths of the French in Canada by 
addressing a letter to them, in 1778. But 
thev refused to come out of their neu- 
trality ; first because they were suspi- 
cious of the designs of the Americans, 
and, secondly, because their leaders felt 
that the British crown could insure their 
rights better than a nation that had 
abandoned them so easily before. 
While this was happening Burgoyne was 
forcing his way southward along the 
Hudson. He captured Ticonderoga July 
6, 1777, after a resistance of the garri- 
son that resulted in some loss. 

Gen. Schuyler, who commanded the 
main body of the Americans, fell back on 


Stillwater on the Hudson in New York 
and there his army erected intrench- 

Burgoyne sent Beaum to Benning- 
ton and backed him by Col. Breymann 
with a strong reserve. But he was met 
by Gen. Stark, a former British officer 
untrue to his allegiance, commanding 
New, Hampshire troops. Stark repulsed 
Baum, and coming up with Breymann, 
turned his forces into flight also, and 
captured all his artillery a nd two battle- 

Col. St. Leger advancing by Burgoyne 
to communicate with Clinton, whose 
camp was on the Hudson above the city 
of New York, was repulsed at Fort 
Schuyler, near Oriskane. The news of 
these disasters showed Burgoyne that he 
was hemmed in on every side, and after 
a three days' fight at Saratoga, in an 
ineffectual attempt to force the American 
lines, he was compelled to surrender his 
entire army of 5000 men ta Gen. Gates, the 
American general who commanded 25,00" 

This battle closed the scene of hostili- 
ties of the war of 1776-83 which threat- 
ened the Canadian border. 




The war of 1776 had prevented the as- 
sembling of the Legislative Council at 
Quebec, but it was convoqued by Gover- 
nor Carleton the next year. The Eng- 
lish members were entirely from the trad- 
ing classes, which at that time were the 
only ones of that nation in Canada, while 
the French members were mostly of the 
Seigneurial Order. 

In 1778 Carleton was replaced in the 
governorship by Gen. Haldimand, a Swiss 
mercenary in the service of England. It 
was the intention of the Crown to have 
a military government in the colonies, 
and the English Canadian politicians had 
one more enemy in Haldimand. But Hal- 
dimand was also at logger-heads with the. 
French, so that he stood alone in the 
colony. The arrests which he caused to 
be made founded onlv on a suspicion of 
sympathy "with the belligerant Americans, 
aroused a cry of indignation which pene- 

trated to London. The jealous democ- 
racy of England feared that, li military 
rule was set up in one part of the Empire 
it could be established in every other. 

Endouraged by the English attitude, 
Allsopp, one of the bureaucracy in Can- 
ada, demanded the introduction of Eng- 
lish law, with a court of appeal. This 
demand, if conceded, would have dispos- 
sessed at the same time the military au- 
thority and the French party. It would 
have left the country at the disposal of 
the few English settlers who had come 
to Canada solely for pecuniary advance- 

Gen. Haldimand, while governor, exer- 
cised the greatest vigor in endeavoring 
to distress those who did not believe 
with him. His aim was directed espe- 
cially against those who had property to 
be taken as fines for the enrichment of 
the revenue of English offices. 

At this time also, Sept. 3, 1783, there 
was signed at Paris that treaty in which 
Great Britain recognized each colony of 
the American Confederacy as a sovereign 
and independent state. By this treaty, 
on account of the stupidity of the Eng- 
lish Commissioner, the United States 
government was allowed possession of 
land it had never before claimed, on 
which none of its citizens had established 
themselves, and to which no charter, or 
discovery had given them the right of 
claiming. This land, near the Mississippi 
River, a rich and extensive territory, full 
of useful and precious metals, broad prai- 
ries and roaming herds, was untenanted 
save by Indian tribes. In addition to 
this all the other territory up to the 
Great Lakes, including the city of De- 
troit, was conceded. 

At the conclusion of this war, which 
established democratic rule in the Unit- 
ed States, more than 35,000 of the best 
born and most intelligent, the flower of 
the American people, who had remained 
true to their allegiance to the Crown, 
and in affection with a royal form of 
government, issued from the United 
States by sea and land and settled in 
Canada. Several thousand besides these 
went to the Bahama Islands and some 
In St. John, New Brunswick, then known 
returned to their ancestral homes in Eng- 

Before that time, the sites of the prin- 
cipal cities of the Maritime Provinces 
had been covered by the cots of fisher- 
men and other rude inhabitants. Such 
cities owed their succeeding importance 
to the settlement of the loyalists of 1783. 
as Parr's Town,, they found that the 


fishermen had set nets over the best 
land claimed in " Squatter Sovereignty," 
as it is called in the South of the 
United States in derision of the " Poor 
white trash " who have no better means 
of acquiring an estate. These "Squatter" 
claims were set aside by Gen. Haldimand 
as untenable and the land was divided 
among the loyalists as part indemnity 
for what they had lost in the United 
States. The western part of Nova Scotia 
was made into the province of New 
Brunswick at their request in 1784. 

In 1785 Gen. Haldimand was recalled, 
principally from the representations of 
Du Calvet, of Quebec, who had gone to 
London for that purpose. The year be- 
fore Du Calvet had published a book 
which drew attention to affairs in Can- 
ada. In this book, in regard to the gov- 
ernment of Canada, were the following 
suggestions : 

1. Preservation of the French laws. 2. 
Law of Habeas Corpus. 3. Trial by 
jury. 4 Immorabilitj of the governor of 
legislative councillors, judges and m>ber 
appointed officers, unless for reprehensi- 
ble conduct. 5. Governor amenable to 
laws of the province. 6. Establishment 
of an elective chamber 7,. -Nomination 
of six deputies to represent Canada in 
the British Parliament : three for Mon- 
treal and three for Quebec. 8. Liberty of 
conscience No one to be deprived of po- 
litical rights on account of religion. 9. 
Military establishment, creation of a 
Canadian regiment of two battalions. 
10. Liberty of the press. 11. Reform of 
the judiciary by the establishment of a 
superior court. 12. College for the edu- 
cation of youth ; employment of the 
property of the Jesuits for this purpose 
according to the original intent ; public 
schools in the parishes. 13. Naturaliza- 
tion of Canadians throughout the Em- 

Hamilton succeeded Haldimand as gov- 
ernor in 1785 ; and Hope gave place to 
Carleton. Lord Dorchester, the same year, 
During these years the British parlia- 
ment was drawn to give attention to 
Canada by numerous petitions sent by 
French and English political associations. 
Some of both parties petitioned for a 
representative government in Canada. 
Those of the French who favored it 
thought that the few English of the col- 
ony would not have a chance to rule 
alone, when such a multitude of the 
French would be among the electors. 
Those of the French who opposed this 
proposition considered that the introduc- 
tion of the English representative sys- 

tem in Canada would lead to the aboli- 
tion of the French system in other par- 
ticulars. Most of the English favored the| 
representative scheme on account of the 
latter consideration, i.e., that English 
law being introduced in the formation of 
government the result would be the abo- 
lition of seigneurial privileges and papal 
authority. The fears of the French who 
were opposed to the representative sys- 
tem, although from their number it 
might seem to favor them, were increased 
by the action of the London merchants 
in relation to Canadian affairs. These 
merchants presented in 1785 as a sup- 
port to their English brethren in Can- 
ada, a memorial to parliament which 
claimed that the French in Canada de- 
sired it only to be secure in their reli- 
gion and laws of succession, otherwise 
that they were willing to be governed by 
English methods. The London merchant 
memorial claimed that it would be im- 
possible to have a French assembly in 
Canada because only English inhabitants 
could be represented legally. 

The governor, Lord Dorchester, was or- 
dered to enquire into Canadian affairs. 
His Legislative Council, composed almost 
wholly of English, were divided, with 
this intent, into several committees, 
charged with examining into the admin- 
istration of justice, laws of commerce, 
land tenure and public instruction. 

The enquiry into the administration oi 
justice proved that the judges of the 
French party had given decisions accord- 
ing to French law ; those of the English 
party, according to English law. It was 
recommended as a result of enquiry into 
property tenure, that property held by 
French law should be governed thereby, 
and property held by English law, should 
follow English law, as well as all prop- 
erty that was created, like manufactured 
goods. The committee on commerce ex- 
tended their commentary to law-making, 
police and forms of government. Thev 
demanded English law for everything but 
French property-tenure and succession, 
and petitioned for an elective chamber 
Here it may be said that French law was 
administered without trial by jury and 
according to legal principles derived from 
the modified civil law of Romans. Eng- 
lish law, on the other hand, follows cus- 
tomary usage, the facts of each case be- 
ing determined by a mrv of 12 impartial 
men not objectionable to the litigants, 
while the law governing the case is de- 
cided by a judge, who bases his decision 
on the previous recorded decisions of* 
other judges in similar cases. As the 

legal precepts of the French were some- 
times at variance with the legal customs 
of the English, their own law was a vi- 
tal element to be maintained by both 

The committee on property tenure pro- 
nounced against feudal holdings. In this, 
their attack was against the Seigneurial 
Order. It was decided to be better for 
the land to be held in fee simple, and 
saleable at the will of the proprietor, 
than as a fief from the Crown, to be 
transmitted in the eldest line of descent 
from the grantee. The committee, in vain 
sophistry, represented that it would be ad- 
vantageous to the seigneurs to become 
absolute proprietors in fee simple, than 
to act as trustees for their own heirs. 
In reality, as it was shown to the legis- 
lature by the Seigneurs de Bonne, Be- 
dard and de St. Ours, this action would 
be injurious to the colonists, as well as 
to the families of the seigneurs, for it 
would leave immense tracts of land, 
held in trust by the seigneurs, at their 
future absolute disposal. It would make 
of them, instead of an hereditary magis- 
trature, a transitory oligarchy, capable 
of selling the land, bit by bit, on the 
hardest term possible, and for their own 
personal interest. The measure rendered 
thus transparent, was broken and aban- 

The committee on education drew up a 
plan to form public schools in each pa- 
rish, and an university for the arts and 
sciences, the whole system to be regu- 
lated by a council to be composed of the 
judges and the Catholic and Protestant 
bishops. The property of the Jesuits 
was to be transferred to the support of 
this plan. But the Jesuit property in 
Canada had been given by George III to 
Lord Amherst, and there was trouble to 
settle the dispute of ownership with the 
Amherst heirs. 

The reports of all these committees 
were sent by Lord Dorchester to London, 
together with information in regard to 
the two political parties now in exist- 
ence in Canada. These parties, corres- 
ponding to the present Liberal and Con- 
servative organizations, differed then as 
they differ now from parties of the 
same name in England. At this epoch of 
1785-90. the Liberal Canadian party 
(English and French) demanded an inde- 
pendent government, one free from Brit- 
ish overlordship. They wished the intro- 
duction of trial bv jury and the English 
laws of trade. The French portion of 
this party, in addition, desired a consti- 
tution, the maintenance of French laws 


and an elective chamber. The English 
portion abandoned the attempt to de- 
prive Catholics of political eights in con- 
sideration of their political alliance. 

The Conservative party (French and 
English) were at this time, as the name 
would mean to signify, men of greater 
importance in wealth and influence. They 
were opposed to an elective chamber. 
The French Conservatives thought that 
a military government would be the 
best. If England would continue to send 
a major-general, selected on account of 
his knowledge of political science and 
history, the province would have a gov- 
ernor independent of parties, both in 
England and Canada— for a good military 
omcer despises a politician as a good 
Catholic hates the devil. A soldier, also, 
is more likely to be a man of honor — a 
brave and reliable ruler, too proud to 
truckle to party interest To recognize the 
loyalty of the seigneurs an order-in-coun- 
cil of 1789 decreed that precedence be 
given the descendants of those who rallied 
to the royal standard in 1776-83. The Sei- 
gneurs thought that if such a governor 
was maintained, and if his council was 
chosen equally from the French and Eng- 
lish, that the country would have the 
best form of government. Such a ruler 
would br likely to chose as advisers 
those citizens whose eminence is a re- 
commendation rather than politicians 
who run to the rabble for a yell of ap- 
proval and a vote of thanks. The Eng- 
lish Conservatives, on account of the 
union of the French interests with theirs, 
agreed to drop all requests for restric- 
tion of the political rights of Catholics. 

This was the condition in Canada in 
1788, when the various petitions in re- 
gard to the government thereof were 
laid before the British parlianent. From 
this date there began to creep into Cana- 
dian politics those so-called Liheral ideas, 
but truly maternalistic plans that make 
brutes of men and beastialize human so- 
ciety. They abound in questions of num- 
ber, majorities and property-wealth, ra- 
ther than in principles, worth and his- 
toric values. The wise and honest of a 
community are outnumbered by the fool- 
ish and those who prefer selfish ends to 
the general welfare. A principle that 
goes to the poll with a few votes is lost 
in the multitude of the opposition. Those 
who support it are taught to believe that 
it is wrong, because outnumbered. In this 
is the downfall oi ethics, social and na- 
tional. The man of merit has no better 
show, when in opposition to the popular 
demagogue— who is all things to all men 


and flatters the worse because they form 
the majority. In this is merit ashamed 
and withdraws and dies in obscurity. 
Again is this process repeated when a 
class that preserves historic values is 
contested in politics with those who 
have gained wealth and popularity at 
any sacrifice. By this means, the class 
that has made history that has been the 
glory and support of past ages is denied 
by the present, simply because the present 
is controlled by that power of numbers 
and preponderance of matter which are 
the negations of intellect and of the sen- 
timents that arouse its activity and con- 
tinue it. The result has been the grad- 
ual elimination of the ideal from any 
process of realization which those who 
possess its delicate and spiritual inspira- 
tion might accomplish. It has borne 
fruit in the substitution for these in the 
control of servile masses, when daily life 
forbids any idealism. Hence perish the 
higher life. 

It has been said by Garneau, the Can- 
adian historian, that " although England 
is a monarchy, the democratic influence 
of its mixed government makes itself felt 
more in the colonies than at home. It 
is seen when they wished to drown the 
French in Canada by an English majority 
that the men there, most opposed to 
democracy, raised their voices in favor 
of the French, and the democrats de- 
manded the union of Canada in order to 
consumate more quickly this great injus- 

Lord Grenville, Colonial Secretary, pre- 
sented in 17'88 these instructions to Gov. 
Carleton : " Your Lordship will see that 
the end of this project is to assimilate 
the constitution of Canada to that of 
Great Britain, so far as the difference of 
manners and situation will permit." 

As the United States had made " Lib- 
erty of conscience " the basis of its reli- 
gious platform, so the proposed consti- 
tution of Canada was formed to attract 
the French Catholics. At the same time 
Wilberforce proposed the abolition of 
slavery in the British West Indies as a 
doctrinal menace to the United States 
where slavery was maintained. 




A bill for Canada was prepared by Mr. 
Pitt pursuance to a message from the 

King. The bill passed the House of 
Lords 4th March 1791. It planned a gov- 
ernment for Canada known as the Cana- 
dian Constitution, Act 31, George III, 
Chapter 31. 

First. It} divided the country into 
Upper and Lower Canada, with the Otta- 
wa River as boundary between them. 
This division was made so as to give 
the British-American loyalists, settled in 
Upper Canada, a separate administration 
founded on the models which they repre- 
sented from the old English colonies of 
the South. These models might be com- 
prehended in a general manner on the 
term memoeial system, as established 
by the Kings of Spain in Florida, which 
territory had passed to Britain and was 
retained by her up to the close of the 
war of 1776-83, as founded by Lord Bal- 
timore m Maryland under authority of 
King James I in 1634 ; as set up in the 
Carolinas by King Charles II, when he 
instituted the order of Landgranes and 
Cazignes there, whose ranks corresponded 
to those of earl and viscount, and as 
caused to be enrolled in New Netherlands 
—now New York— by the Royal Dutch 
government under the name of Lords Pa- 
trons, which the British recognized when 
that province was transferred to them, 
and to continue which the British Kings 
added memorial grantings of their own 
Besides, these models which the British- 
American loyalists represented — which 
models had been destroyed by the Yankee 
revolutionists in 1776 in the old colo- 
nies from which these loyalists had been 
driven who, as sole legitimate represen- 
tatives of Taese families would not sub- 
mit to the rabble of the revolution, 
were recommended to be observed in sub- 
stance to the British government. It was 
for this reason that, in Upper Canada, 
military estates were engrafted into the 
territorial system and bestowed on those 
loyalist families whose sacrifices had beem 
correspondingly great. It must be re- 
membered that the ancient colonial aris- 
tocracy— anihilated in the old colonies, 
now the United States, bv the rampant 
democracy, was represented in its inte- 
grity, substance, traditions, institutions 
and royalism by these United Empire 
Lovalists and guaranteed to them by the 
faith which they placed in the Crown, 
whose cause they defended. 

Second. Upper and Lower Canada were 
to have each a. legislative council of life 
members and a house of assembly elected 

Third. There was reserved for the King 
the power of annexing to certain " hon- 

ors " the right of " sitting hereditarily," 
in the council, which was the court of 
appeal also, but this power was never 
exercised. Although it was the right by 
treaty obligations of the Crown towards 
the seigneunal order, and the rignt by 
legitimate succession of the loyal lords 
ot manours, Landgranes, Cazignes and 
Lord Patrons, to such consideration from 
the Crown in Canada ; although the jus- 
tice of this recognition had been ap- 
proved by both houses of the British par- 
liament in the passage of this bill, the 
right was allowed to lapse, to the viola- 
tion of the just expectancy of seigneurs 
and loyalists and to the detriment of the 
interests of the country and Crown. The 
entire war of 1776-83 had been carried on 
by tbese royalists too maintain the insti- 
tutions of the old regime in the American 
colonies— the institutions of Crown and 
aristocracy— against the levelling tyranny 
and dishonest theories of the revolution- 
ary democracy. And Canada itself had 
been secured to the Crown during that 
war, the only one of Britain's colonies 
that was secured, by the Quebec act of 
1774. which guaranteed the treaty obli- 
gations of 1763, founded on the capitula- 
tion of Montreal of 1760, chief among 
which was the recognition of the Seigneu- 
rial Order. Britain had retained Cana- 
da solely by the effect which this recog- 
nition had on the seigneurs and clergy. 
She was strengthened in the country by 
the advent of 40,000 loyalists who had 
fought to maintain a similar condition 
in the old colonies, accepting the gov- 
ernment of the country a t this price, the 
wonder is that the price was not paid by 
the Crown according to honorable agree- 
ment. Had the crown been on the head 
of a Stuart, it might have been other- 
wise ! 

Fourth. A provision was made for the 
Protestant clergy in both divisions by 
allotment of lands to give revenue to 
their support. 

Fifth. To prevent recurrence of dis- 
putes, such as had separated the United 
States from England, it was provided 
that the British Parliament should im- 
pose only such taxes as were needed to 
regulate trade and commerce, and even 
such taxes were to be levied by the le- 
gislature of each division and disposed 
of by them. 

Sixth. Each division was to have a 
royal governor to preside over the deli- 
berations of its legislature. 

No sooner was the constitution known 
in all its details among the resident Eng- 
lish inhabitants who had supplied mate- 

rial for the former bureaucracy, where 
composition has been described by Mur- 
ray in no flattering terms, than the 
greatest fury was enkindled among them. 
These people who had sympathized with 
the Yankee rebels and revolutionists, who 
had weakened the efforts of the sei- 
gneurs and loyalists by their recent trea- 
son, saw in the birth of a new province 
with an aristocracy in chief an extra me- 
nace to themselves. They sent petition 
after petition to parliament against the 
adoption of this constitution. They held 
mass meetings at Montreal, whose gates 
they had opened to the enemy in 1776. 
They urged the anti-Catholics of London 
to act with them to petition the Crown 
to annul this hateful constitution. 

In the meantime, parties began to form 
all over Canada and adopted measures 
for administering certain articles of the 
constitution to the exclusion of others, 
and for adding amendments, which in 
themselves, to every constitution, are 
contrary interpretations which the ma- 
jority that enacts them declare to be 
true, to the minority that is forced to 
submit in silence. 

In such matters the unethical majority 
is never willing that a right shall be re- 
cognized that is not its own, while its 
own right consists in trampling on that 
of others when the Crown is administered 
by means of dishonest trustees — the 
Crown's duty being to command that 
right be done even against the will of a 
majority— if not, what then is the value 
of Crown government over that by ma- 
jority rule ? 



Those who feted the advent of the 
Constitution of 1791 in Canada reserved 
to themselves the right of interpreting 
its articles. At a dinner of the Constitu- 
tional Club of Quebec there were drank 
toasts for the abolition of feudal ten- 
ure, toasts for civil and religious liber- 
ty, for the liberty of the press, for the 
revolution of France and Poland, for the 
revocation of the militia ordinance, 
which placed companies of Canadians un- 
der their seigneurs as officers, and for 
the revocation of all other ordinances 
incompatible with human liberty. 


To interpret the meaning of these 
toasts, which stimulated party activity, 
it must be said, that the " Liberty of 
the Press " was demanded to attack the 
Constitution, and " Liberty of the In- 
dividual " as an excuse to refuse to be 
bound by its provisions. " The abolition 
of feudal tenure " was the first measure 
to be adopted against hereditary institu- 
tions. Civil liberty was advocated for 
those of different religions — for which the 
Constitution already provided. It was 
thought that, if the feudal interest could 
be separated from the Catholic interest 
that a division might result in the 
French party, which would not only 
weaken the power of the clergy, but ad- 
vance that of real civil liberty. By the 
French Radicals, the French revolution 
was celebrated at the same time. Along 
with this was lauded the Polish revolution 
which gave the idea of one principality 
becoming independent of external domina- 
tion. Now it was the Polish nobility 
that was at the head of the Polish re- 
volution and furnished the ranks of its 
patriots. And it was not intended to 
praise the Polish nobility or any other, 
but to advance the idea of a separation 
from the control of England, in order 
that the democrats might have the coun- 
try to plunder without hindrance from 
the Crown. 

When the Government of Lower Canada 
was formed by the meeting of Parliament 
at Quebec, Dec. 17, 1792, under presiden- 
cy of J. A. Planet, it was discovered 
that the English and Loyalists of both 
races predominated in the Executive 
Council, the Legislative Council and the 
Civil Service. The French Radicals had 
a vast majority in the assembly because 
that body alone was elective. 

The English Radicals hated the sei- 
gneurs because of their superior culture 
and refinement, and despised their French 
radical brethren on account of their 
ignorance and bigotry. Many of these 
English Radicals had now, by being ap- 
pointed to the higher branches of gov- 
ernment attempted to exclude the French, 
and at the same time by assuming the 
prerogatives of a nobility, ridiculous in 
this case, had set the French in the As- 
sembly on a greater pace of democracy— 
and ready to sacrifice their own sei- 
gneurs who had been Loyalists in 1776- 
83, and as cavaliers of the Crown had 
rallied to its defence in that war. These 
English Radicals in office constituted the 

The Assembly, confronted by this bu- 

reaucracy in power, might nave gone to 
greater democratic lengths did it not 
contain several influential seigneurs. It 
must be understood that no patriotic 
consideration entered into the minds of 
this bureaucracy ; Canada to them was 
the patrimony of the French, over which 
they themselves were placed by the for- 
tunes of chance and the circumstance of 
appointment. Canada was to them 
merely a mess of potage for which they 
had abandoned their own birth right in 
the mother country. They were deter- 
mined to make as much out of it as 
possible at the expense of the inhabit- 

The French presented a solid front, 
formed of interests, separate in many 
things, but united on the common basis 
of nationality, language, religion and 
law. The French were separated among 
themselves by classes, such as the sei- 
gneurs, the professions, the clergy and 
the " habitants." As the clergy were 
part and parcel of the common religion, 
their interests could not be severed from 
those of the great bulk of the French- 
Canadians. The Seigneurial Order, on 
the other hand, might perish, without 
that perishing doing injury to any other 
interest. Seigneurial rights and privi- 
leges, then, were designed by the Eng- 
lish Radicals as the first position to be 
beaten down. 

It was shown to the French Radicals 
in the elective chamber that seigneurial 
rights, dues, tenure and magistracy in- 
terfered with the freedom of election in 
such a manner that if a seigneur was op- 
posed as candidate to any other French- 
man, he had the means and offices at his 
hereditary disposal to cause himself to 
be chosen to the exclusion of others. 
Nothing was said of the integrity, abil- 
ity, responsibility and education of the 
seigneurs which fitted them to be the 
rulers of the people. Nothing was said 
of the history of their order without 
which the glory of French Canada is 
lacking and the history of Louisiana 
would have been but a leaf from a mer- 
chant's note-fcook. This political cam- 
paign against the seigneurs endured up* 
to 1854, when feudal rights and obliga- 
tions were abolished by parliament— con- 
trary to the stipulations of the treaty of 
1763. The common people, dissolved 
from the leadership of the seigneurs, now 
follow the priests. 

They present a solid front. Perhaps 
they are less tractable under the priests 
than under the courteous, high-minded 


and loyal seigneurs. The control of tht 
priests over the people is maintained by 
means of parochial schools, the confes- 
sional, and the pretention that the 
French language is the exclusive proper- 
ty of Catholics,. And so the English and 
Protestant party made the grave error 
of attacking next, the use of the French 
language, instead of incorporating it as 
a study in their own schools, and de- 
stroying at once the greatest barrier be- 
tween the races. It was thought, how- 
ever, than an onslaught on the French 
language would excite less alarm and 
bigotry than a direct attack on Catholic 
institutions. They believed that, English 
being once substituted for French in the 
schools, the great barrier would fall and 
the citadel be exposed to final assault. 

None of these disputes on religion, lan- 
guage and privilege occurred in Upper 
Canada which was established by the 
Act of 1791 as a separate province for 
English settlers. This province was di- 
vided into four districts : 1, Lunenburg, 
from the Ottawa to Gananoque ; 2, 
Mecklenberg, from Gananoque to the 
Trent ; 3, Nassau, from the Trent to 
Long Point on Lake Erie ; and 4, Hesse, 
from Long Point to Lake St. Clair. 
Each of these four districts was pro- 
vided with a judge, a sheriff and a court 
of common pleas. 

Those who gave names to these dis- 
tricts were partizans of the House of 
Hanover, as the names suggest, with the 
exception of Nassau, which was named 
in compliment to William, Prince of 

The population of. this province in 
1792 was 12,000. The seat of govern- 
ment was established at Newark (Nia- 
gara) where the first parliament met, 
Sept. 17, 1792, called together by the 
first governor, Gen. John G. Simcoe. 
One of the first bills of this parliament 
changed the names of the four districts 
into Eastern, Middle, Niagara and West- 
ern, and divided them into twelve coun- 
ties. A jail and a court house were 
provided each county. 

Government was moved to Toronto in 
1795, although parliament continued to 
meet at Niagara until 1797. It was at 
this time that Russell was governor and 
made himself famous by giving himself 
and followers large grants of public land 
and subsidizing schemes. 

When Gen. Hunter, who succeeded Rus- 
sell as Governor met Parliament at To- 
ronto in 1800, the population of the pro- 
vince had increased to 50,000. Some of 

this increase had come over the border 
from the United States, but a large ac- 
cession was from the Irish after the 
bloody times of 1798 in Ireland. Canada 
had been reinforced before by the Roy- 
alist Cavaliers of 1778-83 from the thir- 
teen southern colonies and by the High- 
land Scots Jacobites of 1745 (Cavaliers 
of the White Rose). An old song of the 
period shows the hatred of these White 
Rose laddies for the House of Hanover 
and the Duke of Cumberland. 


" Cumberland has gone to Hell, 
Bonnie lassie, Hieland lassie ; 

To see his friends if they be well, 
Bonnie lassie O." 


11 When he reached the Stygean shore, 
Bonnie lassie, Hieland lassie, 

The Devil ne'er had such fun before, 
Bonnie lassie O." 


" He took him into Satan's Ha' 
Bonnie lassie, Hieland lassie, 

And sat him by his grandpapa, 
Bonnie lassie O." 


" Then they put him on a spit, 
Bonnie lassie, Hieland lassie, 

And roasted him from head to foot, 
Bonnie lassie O." 

" They ate him up both root and stalk, 
Bonnie lassie, Hieland lassie, 

And so did end the infernal duke, 
Bonnie lassie O." 

The modern Irish, unlike the Scots, 
have acquired a democratic inclination 
that is entirely incompatible with the 
royal and poetic history of the past. 
There was no republican in Tara and 
Brian the Great was neither democrat 
nor demagogue, but a king and soldier. 
Those of this race, however, in America, 
are for the most part servants and la- 

The English settlers in Canada came 
either as officers who. had received grants 
of land, or as shop-keepers or adventur- 
,ers to see what could be made out of 
the country. The American settlers came 
also for the same purpose as shop-keep- 
ers and adventurers. 

Upper Canada continued with prosper- 

ity to increase in population. Restrictive 
measures were passed by parliament in 
1802 to prohibit the sale of whiskey to 
the Indians. In the same year, financial 
aid was granted to encourage the growth 
of hemp for the navy, in order to render 
England independent of Russia in the 
production of this article. 

Trade with the United States was ex- 
panding with the advancement of popula- 
tion on both sides of the line. Custom 
nouses were established at Cornwall, 
Brockville, Kingston, Toronto, Niagara, 
Fort Erie, Turkey Point, Amherstberg 
and Sanwich. Duties were affixed by 
this parliament to the same degree on 
goods of English and American manu- 
facture. Thus early the proclivities of 
this truly English speaking province, for 
the sake of gain, prompted the extension 
of the same privileges and the same hin- 
drances to the mother country and to 
hostile America, 

In 1807 salaries were provided for 
masters of grammar schools. This fact 
proves, that, at this time, there were 
eight centres of common school education 
in Upper Canada. 

In the Parliament of Lower Canada at 
this time, attack by the English party 
was being pressed against the French 

Mr. Richardson in the Quebec Parlia- 
ment of 1792 advanced the proposition 
that, " The Canadians ought by every 
motive of interest aad gratitude to 
adopt the language of the seat of gov- 
ernment." To which Mr. Papineau re- 
plied : " Because the Canadians have 
become British subjects and know not the 
language of the people on the banks of 
the Thames, they are to be deprived of 
their rights !" J. A. Planet recalled 
the fact that " In the Isles of Jersey 
and Guernsey they speak French ; that 
these isles have been attached to Eng- 
land since the time of William the Con- 
queror, and that no population has 
shown greater fidelity to England." 
Again in the same parliament, when the 
proceedings were to be printed, Mr. 
Grant suggested that they be issued in 
English alone, with the privilege of be- 
ing translated into French for those 
members who desired it. Now, as the 
greater number of the members were 
French his suggestion was too transpa- 
rent to be carried: 

This attack on the French language 
created speedily two factions for the 
.embarrassment of ruler ship ; one French, 
iihe other English. The English, seeing 

themselves opposed so solidly, showed 
their annoyance on every occasion. One 
of them, Fleming, wrote : " The law of 
1774 has been imprudently liberal to- 
wards the clergy and the high classes, 
that of 1791, towards all the Canadians 
together. The last has confirmed the ci- 
vil laws of the French, guaranteed the 
free exercise of the Catholic religion 
and the payment of tithes ; it has modi- 
fied the oath of allegiance so that Cath- 
olics are able to take it, assured Catho- 
lic Canadians their rights of property, 
customs and usages, preserved their mo- 
ther tongue and the tenure of their lands 
and taken number as the basis of grant- 
ing the electoral right, without doing 
anything in favor of the English, or of 
their language. This law has been a 
great mistake, since it favors a people 
that difiers from the English nation by 
custom, religion and language." 

This attack against the French lan- 
guage was continued in another form 
when in the session of 1792 a discussion 
took place on education. 

It will be remembered that King 
George III granted to Gen. Amherst the 
property of the Jesuits which was to 
be devoted to educational purposes. This 
property was being claimed by the Am- 
herst heirs. Count de Rocheblave pro- 
posed to verify by committee of inquiry 
in regard to by what titles the Jesuits 
held. Mr. Grant objected to this tacit 
recognition of a right which had no 
foundation. c< I demand," said he, "that 
while recognizing the power of the King 
to dispose of these properties, we pray 
him to turn them over to public in- 
struction." The adoption of such a mo- 
tion would have placed the properties of 
religious bodies at the disposal of the 
Crown— for the King of England suc- 
ceeded the King of France— and would 
have settled all controversy. The result 
here, however, was the triumph of Ca- 
tholicism, because the English were fool- 
ish enough to attack it through the 
French language, when that language is 
no more Catholic than is the Chinese. 

The next project before Parliament was 
how to dispose of the finance. It was 
now the turn of the French party. It 
was declared that the vote on the sub- 
sidies belonged exclusively to the Cham- 
ber (where the French predominated) and 
that no bill of finance could be amended 
by the Legislative Council, where mem- 
bers were mostly English. 

In May, 1/93, parliament was pro- 
rogued by the Governor. 


In the meantime, the progress f the 
French Revolution in France caused the 
British government to warn the English 
faction in Canada not to press the 
French there too much, for they were 
showing unexampled loyalty and conser- 
vatism. And there is no reason for 
there ever doing otherwise. Their coun- 
try is Canada— not France. And Canada 
is a dominion in the British Empire, 
whose privileges they inherit as citizens 
and whose integrity it is their dearest 
interest to defend, more especially against 
Republican France, if duty, indeed, needs 
a stimulant, because Republican France 
has destroyed the Royal Government of 
Henry the Great and Louis XIV, from 
connection with which Canadians derive 
the glorious traditions of their fore- 

Lord Dorchester was confirmed as 
governor again, by England and returned 
to Quebec in Sept. 1793, where the an- 
cient population received him with favor. 
He brought with him a distinct declara- 
tion of the rights of the Crown : That 
the nomination to public charges sub- 
sisted only at the pleasure of the King ; 
that uncultivated crown lands should be 
conceeded only to those capable of form- 
ing establishments, and that the semi- 
naries of Quebec and Montreal, as well 
as the religious communities of females 
might perpetuate themselves according 
to the laws of their incorporation. The 
governor was commanded to name a new 
Executive Council of 9 members, four of 
whom were to be Canadians. 

Unfortunately, in this instruction, no- 
thing was said of the seigneurial privi- 
leges. Their territorial rights, however, 
were believed to be to be protected by 
the treaty of 1763. Yet, because they 
had no court privileges continued to 
them— which the treaty rights demanded 
—they became a defenceless prey of the 
Radical Democrats and demagogues of 
both races. 




The Catholic clergy in Canada, wit- 
■essing how alarmed were the English 
about the French revolution and its ideas 
for fear that they might find adherents 

in Canada, in 1794 formed at Quebec an 
association against the revolution.' This 
affected well this country, because, by 
the influence of the clergy over the 
people, their association was extended 
everywhere and tranquility reigned in all 

Perhaps the clergy were more speedily 
induced to this action to win back the 
favor they had lost before the King, for, 
in 1793, Canada had been erected by the 
Crown into a Protestant bishopric, and 
nothing was declared in the act concern- 
ing the Catholic privileges. Governor 
Lord Dorchester, therefore, petitioned the 
Crown in favor of the Catholic bishop, 
that the same favor be conferred on him. 

While these strokes and counter-strokes 
of policy were being exchanged by the 
Catholic clergy and their Protestant op- 
ponents, the bureaucracy, at present in 
charge of the regulations of public lands, 
were engaged in giving themselves vast 
domains. It was decided unanimously 
that no Canadian could receive lands of 
this new distribution unless he abandon- 
ed his language, his religion and his 
law of tenure. 

It has been an understanding that the 
Crown domains might be disposed of 
only in two ways, either by sale to act- 
ual settlers or by grant. Now these 
grants were of two kinds : there were 
small grants to individual families on 
condition that they cultivated the land 
and built houses thereon ; and there were 
baronial grants. These latter were for 
those who had given the State a service 
for which they had had no specific re- 
turn. The service had to ke one of such 
eminence as to warrant it to be entitled 
noble in every meaning of the word. The' 
granting of baronies on these conditions 
has been rarely accorded for political ser- 
vice except of late years. It had been 
conceived that it is the sword that wins 
and keeps the domain. The pen is only 
mightier than the sword when the sword 
recognized it ; without that it is less 
than a hollow reed. 

The conference of station and rank and 
the means to maintain then, when made 
on such a basis of nobility and honor, 
creates a sentiment in the whole class 
of this baronage, an esprit du corps, 
that each one feels it incumbent on 
himself to sustain. As a distinct class 
in the State they have an inalienable right 
to object to ths admittance to their or- 
der of any one nominated by the Crown, 
by the oligarchy, by the ministry, or by 
the democracy, whom they believe un- 

worthy, to be associated with them. They 
are the best guardians of their own vir- 
tue, of their own social magnificence. 
If any other external power has a pri- 
vilege of adding! me<mbers Miereto, 
against the willingness of the order it- 
self, then has the order lost its virtue, 
its independence, its raison d'etre. It is 
no more than a nest where brood the 
offspring of plunderers and sycophants 
without merit or integrity, and is wor- 
thy of being cut off from its vantage and 
have its possessions divided among the 
poor of the State. It is great harm in 
any country to allow a class, founded on 
wealth alone, to enjoy exclusive privi- 
leges and to maintain that excessive 
wealth. It is a crime against merit 
without wealth and honor without a 
price. But when merit and honor are 
reinforced in such a position, their posi- 
tion becomes the bulwark of the nation, 
the pride of history, the hope of pos- 
terity, the gaol of conscientious ambi- 
tion, only so long, however, as those 
who maintain it are the guardians of 
its entrance. 

The government of Canada, after pass- 
ing through the hands ol Gen. Prescott 
and Sir Robert S. Milnes, came at last, 
in 1807, to be directed by Sir James 
Craig. There had accrued to the bureau- 
cracy and its friends the important par- 
liamentary victory of obtaining; the pro- 
perty of the Jesuits ; of putting ob- 
stacles in the way of the concessions of 
land% to the Canadians from the Crown 
possessions ; of having the composition 
of the Legislative Council, which gave 
the English party a majority, although 
representing a minority, of forming new 
parishes of exclusing Canadians from 
public employment. The bureaucracy de- 
sired to impose taxations in such a man- 
ner that it would fall more on the 
French agricultural population than on 
the English mercantile employments. 
Some of the Governors complained, like 
Sir Robert Milnes of the absolute indepen- 
dence of the inhabitants of their sei- 
gneurs and of the Catholic clergy of the 
government. It must be seen, by this 
complaint, that the seigneurs at this 
early period, had lost much of their .in- 
fluence. Their influence as an order was. 

Sir James Craig took a decided stand 
against the advance of the French in po- 

In 1805, the British Government had 
informed the Roman Catholic Bishop of 
its intention to claim before the Papal 

Court the right (which had been exer- 
cised by the Kings of France when Ca- 
nada was a French province) of naming 
candidates for the cures. On the accept- 
ance of this condition the government 
promised to put the bishop on a secure 
foundation. But Bishop Denard- judged 
this project to be too dangerous to be 
adopted under ordinary circumstances. 

During all these years England was at 
war with France, and the other States 
of Europe were more or less embroiled 
on one side or the other. The United 
States pretended to a neutrality and the 
ships of that country were .engaged in 
a contraband trade of munition and na- 
val stores, mostly to French ports. Eng- 
land, that contolled the seas with her 
ships, insisted on maintaining in block- 
ade that portion of trance most fre- 
quented by American ships, and captur- 
ed several of them while they were at- 
tempting to break this blockade. Eng- 
land decided that she might arrest any 
of her sailors or subjects who were in 
the service of other powers. An Eng- 
lish captain seized four of the sailors on 
the United States frigate Chesapeake 
after a short combat. The United States 
irritated by attacks like these, estab- 
lished in 1807 an embargo about their 
own coasts to exclude the Fiench and 
English. The French were included in 
this because the Yankees, never very fa- 
mous for observing regulations, even 
when made by themselves, unless en- 
forced hy the strong arm of power, bad 
attempted to break a French blockade 
established by NapoJeaon, and French crui- 
sars had seized some Yankee ships there- 

In . the meantime the United States 
were coming to a conclusion that war 
with England already in conflict with 
European powers, would be likely to re- 
dound to their own advantage by giving 
them Canada. At the head of affairs in 
France, Napoleon urged the government 
of the United States to unite with him 
in a grand assault on the British Em- 
pire. But the Yankees were cautious and 
slow. They mistrusted imperialism as 
much as they did royalty. Democracies 
fear dictators as the ignorant fears ge- 
nius. But their cupidity was aroused, 
and they began, rrom this time until 
1812, to prepare for a strife with Eng- 
land. But when they did enter the field 
they had delayed so long that the power 
of Napoleon, broken in the ill-fated Rus- 
sian campaign, could be of little service 
to them. 

In spite of the condition of affairs, 
■while the Yankees growing more hostile 
to England, were making secret over- 
tures to the French in Canada, Sir 
James Craig, the Governor, instead of 
using a rightful policy of conciliating the 
Canadians, at once, took sides with their 
enemies of the bureaucracy. His action 
caused the Assembly, where the Cana- 
dians formed the majority, to stand ar- 
rayed against him. 

The proprietors of the French paper, the 
Canaciien, the Seigneurs Bedard, Tasche- 
reau, Blanchet and Borgid, by his or- 
ders were removed from the official posi- 
tions they occupied in the militia. This 
was done because that paper criticized 
severely acts of his government. 

At the nomination the Legislative 
Council which he wished to use against 
the Assembly was strengthened to its 
full quota. The question of responsi- 
bility was advanced, it was declared, on 
the part of the government, that the acts 
of the ministry in England might be cen- 
sured, because that ministry was formed 
in England and was responsible there, 
but the acts of the governor could not 
be censured ini Canada, because he was 
not responsible to Canada, but to the 
ministry in England. 

The opposition declared that the gov- 
ernor, in his executive capacity, might 
hold such a position as just described, 
hut in his legislative character he must 
expect, sorrietimes, to receive criticism 
from the Assembly, that had its own in- 
dependence and character to maintain in 
the name of the people and of the char- 
ter by which it was constituted. The 
opposition suggested that, as the Gov- 
ernor maintained his non-responsibility, 
it would be better for him to be pro- 
vided with a responsible ministry— a min- 
istry responsible to the people of the 

This democratic fling began to alienate 
some of the seigneurs who took sides 
with the Governor. Judge de Bonne de- 
clared that " to admit such a doctrine 
is to share royal authority." He called 
attention to the fact that divisions made 
on such issues were enfeebling in the 
presence of the United States enemies 
who menaced the land. 

The leader of the Cathouc clergy, M. 
Plessis, Bishop of Quebec, began to ex- 
hort the French to remain loyal to the 
British and not to listen to the propa- 
ganda of the Yankees. He knew that if 
they were successful in the war, which 
seemed imminent, the Catholics had no 

guarantee to be relied on from them, 
while if they assisted the English, such 
action would but raise their credit with 
the British ministry, and afford a basis 
for demand of concessions from the Brit- 
ish Government. 

But, while these events were passing, 
the bureaucracy, holding the bulk of the 
civil service appointments and seated 
firmly in the Legislative Council with 
the Governor, grew more and more hos- 
tile to the Assembly, which was con- 
trolled by the French. 

Therefore, from this the Assembly be- 
gan to think that the most efficacious 
means of causing the officers 01 depart- 
ments to respect one of the sources of 
their power, was to control and limit 
their salaries, as the parliament does 
for the public officers in England. 

The bureaucracy began to fear that 
they would fall into the power of the 
Assembly. They formed a party and 
communicated their views to the Gov- 
ernor. The Governor replied to the As- 
sembly, therefore, that the resolution 
was without foundation and imperfect in 
form and should be submitted to the 
Legislative Council. 

As the Canadians were unknown in 
England, the people who had the great- 
er influence with the English governors, 
were those of the bureaucracy and their 
friends. In order to obtain credit before 
the British ministry, for the purpose of 
continuing itself in "power, the Assembly 
decided to establish an agency in Lon- 
don. But before this could be accom- 
plished Craig abruptly dissolved the 

Now towards the close of his term 
Governor Craig, in company with Judge 
Sewell, proposed a plan to Lord Liver- 
pool, the British minister, to crush the 
Catholic party in Canada. Sewell con- 
sidered that colonists might be invited 
from the United States as well as from 
England and that Upper and Lower Ca- 
nada could be reunited with such a re- 
presentation in government as would al- 
low the. English Protestants to predo- 
minate. The Governor wrote Lord Liver- 
pool that " a numerous and violent de- 
mocracy was expanding its principles 
throughout Canada, exciting the hatred 
of the people against the English. Its 
conduct had become so intolerable that 
he was forced to take energetic meas- 
ures." Here he referred to arrests of 
parties connected with the publication 
of the Canadien. He declared that the 
French and English did not intermingle 

and that with the lower classes, the 
name of English was like a red flag to 
a bull. Here it is well to observe that 
the influence of prejudice is always great- 
er with the low and ignorant than with 
the elite. This accounts for the aspect 
of hatred with which the lower classes 
regarded the English. Since the sei- 
gneurs had lost most of their power, the 
common people could not be held by them 
to so loyal condition. The seigneurs, 
who, feeling themselves to be more and 
more isolated, with the English Protes- 
tants on one side and the lower French 
on the other, offered a platform in them- 
selves, and the few noble English fam- 
ilies in the country, for the formation 
of a middle power in Canada. This 
power, numerically weak, but mentally 
and individually strong, looked to the 
Crown for support. Had the Crown 
the power and wisdom of the Stuarts, 
this party in Canada had not looked in 
vain ! 

Sir George Prevost, appointed Govern- 
or in 1811, knowing that war was immi- 
nent between the United States and 
Great Britain, and that the bulk of the 
people were Catholic, thought to pro- 
pitiate them somewhat in order to gain 
their undivided support. He desired the 
Catholic Bishop, Plessis, to inform him 
in what position, in the future, he 
should put the head of the Catholic 
church in Canada. 

Bishop Plessis presented him with a 
memoire on this subject, in which he 
said that before the session of Canada to 
the English, the bishops governed their 
dioceses as similar dioceses were govern- 
ed in France, that is : according to the 
canons of the church and the ordinances 
of the kingdom. Each one had a chap- 
ter composed of five dignitaries and 
twelve deacons, who were under the ju- 
risdiction of the bishop, as were the en- 
tire clergy and the religious houses. The 
bishops held their synods, erected pa- 
rishes, proposed and revoked appoint- 
ments, visited churches, monasteries and 
religious places, rendered ordinances 
touching discipline and the correction of 
manners which ecclesiastics or laics were 
bound to obey. All thines relating to 
religious matters were under the bishop's 
charge and his surveillance extended even 
to the schools. 

Since the cession the British Govern- 
ment ha)d refused to allow Canada to re- 
ceive a bishop from France. The chap- 
ter charged with administering the dio- 
cese, during the vacancy of the episcopal 

siege, considered that affairs were in the 
same state as before, when the concor- 
dats caused the appointment of bishops 
to rest with the French court and the 
bishop was elected by the clergy of his 
church and confirmed by the Metropoli- 
tan, or the Pope, with the approval of 
the Sovereign. By a capitulatory act of 
1764, Briand, a Vicar-General, had been 
elected over Quebec, in spite of the in- 
sistance of Gov. Murray, the British 
Government would not approve his selec- 
tion, but informed him that he would 
not be molested. The Chapter of the Ca- 
thedral, finally reduced to a small num- 
ber, became extinct. Its last assembly 
was held Sept. 10, 1773. The last Ca- 
non died in 1796. 

With the consent of the Court of Rome 
and Sir Guy Carleton, a coadjutor to 
the bishop had been named in 1772, who 
had thus one to replace him on death, 
or resignation. 

The bishops pretended to exercise only 
spiritual authority and had been loyal 
to the government over them. In April, 
1806, an officer of the Crown had filed, 
in court, a bill tending to abridge even 
this spiritual authority, by putting in 
force certain statutes to annihilate the 
title and authority of the bishop, to de- 
clare null the only ordinance which re- 
cognized this authority. It stated, 
falsely, that before the cession no bishop 
had authority to create parishes in his 

Bishop Plessis concluded by demanding 
that he, and his successors, might be 
recognized as Catholic Bishops of Quebec 
having under jurisdiction the Catholic 
population of British North America ; 
that, with the agreement of the Courts 
of Rome and Westminster, other bishop- 
rics might be erected with similar rights; 
that no Catholic parish should be creat- 
ed without consent of the bishop ; that 
the bishop should be maintained in pos- 
session of the cures and missions ; that 
the episcopla palace should be confirmed 
to him with the right of acquiring other 
property ; finally, that it would be an 
advantage to the government, itself, if 
the Catholic clergy might bf> represent- 
ed in the executive and legislative coun- 
cils by their chief. 

Gov. Prevost, anxious to conciliate the 
powerful Catholic interest, before the 
storm of Yankee warfare now brooding 
on the horizon could strike the country, 
approved of all these demands. 

But events were hurrying on so rapid- 
ly and were of such a character of hos- 


tility that the more peaceful modes of 
discussion were laid aside. 

United States forces were hurrying to- 
wards the Canadian frontier. The dis- 
putes of the United States government 
with England had borne fruit in strife. 
The amelioration of Napoleon's Berlin 
decree in favor of the United States had 
at first won their attention to remove 
their embargo in his favor and at last 
to join arms with the French. 

The first era of civil troubles in Can- 
ada closed here to open on the united 
military endeavor of French and English 
in Canada, of seigneurs and Loyalists, of 
Catholics and Protestants to repell the 
horde of the United States demo(racy 
that threatened to overwhelm Canada. 

FROM THE WAR OF 1812 TO 1818. 

The United Stats in the war of 1812-18 
against Canada, for the purpose of con- 
quest, did not have, in sporting phrase. 
a "walk-over." Several separate attempts 
were made to invade Canada, each one 
of which ended in failure, when their nu- 
merous armed bands were repulsed brok- 
en and dispersed. They themselves suf- 
fered the loss of a major-general and his 
whole army by the surrender of Gen. Hull 
at Detroit. The Canadians captured De- 
troit and the northern part of Michi- 
gan, which had belonged to French- 
Canada, and which English imbecility 
had ceded to tile United States. The 
eastern part of Maine from the Penobs- 
cot shared the same fate as northern Mi- 
chigan. This part had been " The Pro- 
vince des Etchemins," of ancient Cana- 
da. This section the Yankees had gain- 
ed over stupid and credulous British 
boundary commissioners by displaying a 
forged map, whose falsity was not dis- 
covered until too late to he rectified. At 
Chateauguay Col. de Salaherry, with 300 
French Canadian militia, defeated G-en. 
Hampton at the head of 5,000 Yankee 
troops. Exploits like these are not in- 
dicated with pride by Yankee writers in 
the relation of the designs of their gov- 
ernment on Canada. 

Since the conclusion of the war of 1812- 
15, there had been directed to Canada a 
number of families of military officers. 
Tracts of land were granted them, and 
with their pensions from the home gov- 
ernment they began to form a class in 

the country much different from that 
lrom which the early English bureaucra- 
cy was recruited. Belonging, as most of 
the military families of that epoch be- 
longed, to historic classes, they regarded 
connection with the Mother Country of 
paramount importance : first, because the 
Mother Country was the home of their 
ancestral glory, and then, her institu- 
tions and laws were more in consonance 
with real merit and excellence than those) 
of Canada, where merit and excellence 
were beginning to be tabooed as impedi- 
ments to political preferment. Besides, 
being by education accustomed to the 
strict letter of command and with the 
highest feeling of obligation to the per- 
formance of duty, they could not look 
with complaisance on the affairs of the 
province as they were administered by the 
warring French on the one hand and the 
troublesome oligarchy on the other. They 
had a sincere desire to see the country 
arise from its bed of thorns to a more 
comfortable situation of honest reform. 
They wished to see those obstacles re- 
moved from the path of the French which 
prevented them being good citizens. There 
was no reason, to their minds, why the 
French in Canada could not be as inte- 
gral parts of the British Empire, as the 
Normans who followed William the Con- 
queror to England had become, and with 
the same heartiness and good will. They 
joined themselves to all the movements 
to break down the obstacles. 

On the other hand, they witnessed the 
evil tendency of the politicians to sepa- 
rate the power of the country from the 
administration of the Crown officers, who 
were appointed from England, and to 
take it into their own hands to be used 
to make themselves rich at the expense 
of the country and its people. They be- 
held how, far this purpose, the bureau- 
cracy turned against the seigneurs, For 
this reason the English military families 
in Canada, on more than one occasion, 
sided with the seigneurs who, for the 
sake of their own safety against all par- 
ties, clung to the power of the Crown. 

The Crown government, from this time, 
began to be the chief opponent, in a po- 
litical way, of the bureaucracy. To the 
court of the Sovereign's representative 
were attached the regard of the sei- 
gneurs and the lovalist and English mi- 
litary families. The parties outside of 
this were the bureaucratic party, that 
was developing a plan of separation from 
the Crown, where thev should become 
strong enough to stand alone against the 


French and the CathoLe party that 
dreamed also of independence, but on a 
Catholic, basis. 

The Crown party, by this, will be be- 
lieved to have been the only honest and 
trustworthy people of the Canadians, 
English and French. In 1812 the Legisla- 
tive Council, composed of the bureaucra- 
cy, instigated the governor to demand 
the renewal of the law which had been in 
force for the security of the country. The 
Assembly made the following amendments 
to the law. 1. The governor alone was 
to have power to imprison those suspect- 
ed of treason. This right had belonged 
to the Executive Council of the oligar- 
chy, but the Canadians so despised and 
misinterpreted it that the governor was 
deputed to exercise this prerogaive alone 
2.. No member of the two chambers should 
be arrested. The legislative council, in- 
dignant at this censure of its previous 
conduct, rejected the measure altogether. 

The dissenti'ons between the Assembly 
and the Legislative Council slumbered un- 
til 1814, when 'the fire of warfare on the 
frontier had gone down to a spark. A 
bill excluding judges from seats in the 
Legislative Council was adopted by the 
Assembly and rejected by the Council. It 
did not seem right that the judiciary 
power should become part of the legisla- 
tive—a view somewhat illogical, borrow- 
ed from the Yankees. Two other measures 
were brought up by the Assembly— one to 
impose a tax on the salaries of public 
functionaries during the war — another 
blow at the oligarchy— and to authorize- 
the nomination of an agent to the Im- 
perial Government at London. This also 
was conceived as a measure of defense 
against the Crown itself.. 

Stuart,, an opposition member, accused 
Judge Sewell of attempting to establish 
in Canada an arbitrary government. He 
had caused the arrest of leading French 
members for exercising the mutual li- 
cense of speech. He had deprived the Pre- 
sident of the Legislature (Planet) of his 
military commission. He had closed the 
office of the Canadian and leagued him- 
self with Henry to instigate the people 
of New England (Hartford Convention) 
to separate from the United States, join 
the Anglo-American party in Canada and 
rule the country. 

The accusation was sustained and Stuart 
was appointed to carry it to England 
and lay it before the home government. 

Sewell presented himself before the 
Court at London. Stuart was forced to 
pay for his journey from his own funds, 

the Assembly not having authority to 
vote the money for expenses and the Le- 
gislative Council refusing to do so, and 
he was obliged to withdraw and an- 
other agent was sent. 

Sewell knew Prince Edward while that 
personage was in Canada, and he not 
only obtained influence to retain his po- 
sition, but was. Tecommended by Lord 
Bathurst as one' having the confidence of 
the British government. He was ever 
the firm enemy of the Catholics in Can- 
ada. He did what he could against all 
parties of them without distinction. 
While in England he recommended the 
union of all the provinces under a single 
government as the surest means of bring- 
ing to naught the Catholic power. He 
urged Prince Edward to obtain the wil- 
lingness of the ministry to this end. 

Gen. Drummond, who had been govern- 
or in 1816, was .succeeded by Sir John 
Coape Sherbrooke, also in 1816— Drum- 
mong being only governor in the interim 
between Provost and Sherbrooke. 

It must be understood that what is 
known as the Crown party, or royalists 
proper, have had no representation in the) 
Canadian government since the transfer 
Of the country to England in 1763. When 
the Constitution of 1791 was offered by 
Pitt there was a provision left in it for 
the consolidation and representation of 
such a party. The constitution of every 
other province was framed to allow the 
same to occur. The difference of form- 
ing the two houses of government shows 
that they were to be selected from dif- 
ferent material of the population. The 
upper house, whose members were ap- 
pointed by the Crown, was to represent 
the aristocracy ; the lower house, whose 
members were elected by the people, was 
to represent the people in their trades 
and industries. But the measure was 
only half carried out and rapidly degene- 
rated in practise until the upper house 
represents only . the irresponsible syco- 
phants and servants of the majority, and 
the lower house all the parties in oppo- 
sition thereto, with some who favor the 

So long as the governor, acting for the 
Crown, has the privilege f appointing 
to the upper house whomever .he pleased, 
it must be seen that the ministry formed 
from anti-royalist sources, sending out a 
governor, can fill the upper house with 
a democratic majority. He can make it 
of the same character as the lower house 
and of himself, and by this means con- 
stitute an irresistible and unconstitution- 


al tyranny. , The upper house was cre- 
ated to be a barrier to the extravagances 
of the democracy represented in the low- 
er. It can be so only so long as it was 
an inherent independence in its organiza- 
tion. According to his plan in permit- 
ting the Crown to add hereditary hon- 
ors to life members with seats in the 
upper house, Pitt looked to the forma- 
tion of an independent and responsible 
body. Without this hereditary right, 
there remained the other plan of appoint- 
ing from the seigneurial and loyalist or- 
ders in Canada and commanding that 
the government must appoint the mem- 
bers of the upper house from them. Then 
the purpose of the constitution would be 
fulfilled. Otherwise the upper house has 
nothing to distinguish it from the lower 
and might as well be merged with it- 
save for the reason that it affords a 
means to the premier of strengthening his 
personal influence. But that, however, is 
not the legitimate idea, which is one for 
the representation of. the aristocracy in 
the upper house. When he created his 
nobility in France from the great mili- 
tary leaders who followed his eagles to 
conquest. Napoleon gave to them a re- 
presentation in the Council of the ora- 
pire. The Senate of the United States 
was intended also for the same end of 
representing the better classes, but it 
has never fulfilled its mission, because 
there the better classes have never been 

There is no distinction of representa- 
tion in the Colonial Senate and the Unit- 
ed States Senate from that in the Com- 
mons, the colonial legislatures and the 
United States House of Representatives. 
They are all, indiscriminately, derived 
from politicians by various forms of pro- 
cedure, which makes of the upper houses 
in all of these cases a false chamber, a 
sham, a pretention without a reality ;'for 
they depend for reinforcement of mem- 
bers on the caprice of ministers of the 
democracy and have their right to object 
to objectionable material. 

Parties were so rampant in Canada 
during' the administration of Sherbrooke 
that that governor was authorized to of- 
fer to leaders of the opposition some of 
the principal posts in order to purchase 
their silence or paralyze their activity. 
The dangerous precedent was to be estab- 
lished that necessarily springs into being 
with representative government. f filling 
the 'chief seats with those who clamor 
loudest and have a price for the silence 
of their tongues. Such men are no better 

than thieves and frequently have plun- 
dered the treasure conlided to their 

In 1804 Sewell, while attorney-general, 
decided that the statutes of Henry VIII 
and Elizabeth prevailed in Canada, and 
that, according to their meaning, there 
was no such person as a Roman Catholic 
bishop. Later Uniacke, while filling 
the same office, decided that Sewell's de- 
cision was without foundation, since the 
treaty of 1763 had acknowledged the 
rights of the Catholic clergy, Sewell, 
by . his decision, wished to deprive the 
bishop of the power to create and gov- 
ern Catholic parishes as the fir&t meas- 
ure to their anglification. 

The government of the bureaucracy, to 
whom Sherbrooke lent his aid, finding 
that, by Uniacke's decision they could 
not break the hold of the bishop from 
portions of the diocese, resolved to win 
the bishop by caresses. The governor 
therefore named him as a member of the 
Executive Council, provided that he 
would make some concessions, which he 
said he had not the right to make. Lord 
Bathurst bade him be aware that while 
the treaty of 1763 allowed privileges to 
the Catholics, they were allowed in con- 
formance with English law. and not with 
French, and that the' law of England 
had to be very leniently interpreted in 
favor of the Catholics because the strict 
meaning of the law was against them. 

The Archbishop of Quebec was favored 
by bull of the Pone in 1810. Lord Ba- 
thurst, British minister, was much in- 
censed thereat, and Bishop Plessis has- 
tened to London to confer with him. The 
bishop responded to ministerial objections 
with the following apology : " Predi- 
cants' of every species introduce them- 
selves into Canada— Methodists and Bap- 
tists, renegades of every nation, revolu- 
tionists, deserters, regicides are able to 
enter without wounding the laws. Why 
then shut the door to Catholic ecclesias- 
tics ?". . stahgers to politics and pre- 
pared by their education to defend au- 
thority against the usurpation of dem- 
ocracy." Had Bishop Plessis lived up 
to the present time be would have had 
the pleasure of reading of the toast to 
democracy offered by an Italian cardinal 
of the 1,9th century and approved by His 
Holiness the , Pope. For cases like this 
in international polity His Holiness car- 
ries an extra deck of cards up his sleeve, 



The quarrel over the finance now 
mounted up to the chief place in the 
minds of all parties. Governor Sher- 
brooke transmitted to Lord Bathurst, 
showing that the expense in 1815 had 
exceeded the ordinary revenue by £19,- 
000. In 1816 the government owed to 
the province £60,000, to which it was 
necessary to add the deficiency of the 
previous year. This, together with other 
expenses, brought the debt up to £120,- 
000. The Governor showed also how the 
constitution had been violated. The vote 
of subsidies by the legislature passes as 
an essential and an imprescriptable- right 
in the constitution of free countries. 
Without this right the executive power 
is unable to rule without calling on the 
legislature. Now, each session there is 
placed under the eye of the legislature a 
statement of expenditure made without 
its concurrence. There has been a dis- 
tinct account formed principally of the 
salaries of clergy and pensions kept be- 
yond its reach. The governor demanded 
powers necessaxv to withdraw the finan- 
cial condition from the confusion into 
which it had fallen under control of the 

Lord Bathurst replied that it would be 
much better to regulate the accounts be- 
tween the government and the province 
yearly. But should it not be considered 
that the silence of the chambers on the 
employment of tbe moneys was an acquies 
cence. He thought that it would be ex- 
pedient to submit the yearly expense to 
the vote of the legislature. If the As- 
sembly veted in favor of the appropria- 
tions for the Catholic clergy and against 
that for the Anglicans, the governor was 
to see that the Legislative Council should 
reiect the bill, and that care must be 
taken that the Assembly does not ar- 
rogate to itself the exclusive use of the 
funds ; the Legislative Council must have 
concurrent jurisdiction. It must be un- 
derstood here that the government was 
forced to keep the Legislative Council ex- 
clusively English, which meant Protes- 
tant in order to curb the tendency of 
the Catholics to encroach from their ma- 
jority in the Assembly. The Crown Gov- 
ernment, therefose, in snite of its desire 
to deal fairly with the French was 
obliged to unite its strength and give 
its support to the bureaucracy to keep 
the Catholic preteneions from foreign- 
izing the whole of Canada. Little by 
little, through parochial schools, bv 
means of the offices of the church by 

the strict discipline which the Ca- 
tholic clergy enforced on the people, the 
Catholic church was beginning to gain 
a greater political strength than the 

The encroachment of the church in po- 
litical affairs was so great in 1524 that 
the Earl of Dalhousie, then Governor, in 
transmitting a memoir on the condi- 
tion of Lower Canada, made the follow- 
ing declaration. He said that the Crown 
had suffered since the transfer a loss of 
patronage over the clergy which was ex- 
ercised by the Catholic Archbishop in the 
name of Rome. Before the transfer this 
right of patronage had been exercised by 
the King of France in virtue of being 
head of the Gallican Church. Without 
interfering with spiritual rights, the Brit- 
ish King had succeeded to the political 
prerogative of the French King over the 
church in Canada, and those rights should 
not be allowed to be seized on by the 

The Earl of Dalhousie took advantage 
of the contention, then existing between 
the Sulpicians and the Archbishop to 
support the former in order to break the 
power of the latter. 

One way in which the Catholic power 
hoped to coerce the government, was 
through controlling the members of the 
Assembly, the majority of whom were 
communicants of that church. The ques- 
tion of finance and expenditure arose 
again during the administration of Sher- 

This Governor, who had been very much 
liked by all parties and whom all parties 
disgusted by their cupidity, some for mo- 
ney and others for power, demanded his 
own recall and was replaced in 1818 by 
another. This other was Charles Len- 
nox, Duke of Richmond and Aubignv, 
whose relative. Sir Peregrine Maitland, 
was at the same time made Governor of 
Upner Canada. 

The first struggle, in 1819, between the 
goverhor and parliament, was ditfefctly 
owing to the desire of the governor to 
raise the pension list to a vet higher 
figure, when all parties acquainted with 
the financial condition of Canada, knew 
that it ought to be lowered. A commit- 
tee of parliament recommended the aboli- 
tion of certain sinecures whose duties 
were merely nominal. 

Now when it is known that the support 
of government rested in the independence 
of this civil list it must be apparent that 
the attempt of the Assembly to control 
this list, although motived bv such a 
fair excuse as the additional extrava- 

2 7 

gance of the Duke of Richmond, had to 
be fought, if for no other purpose but to 
prevent the country at large from 
falling into the control of a factious ma- 
jority, ready and anxious to persecute 
every opposing minority. 

Having voted the supplies, the Assem- 
bly demanded to know the specific em- 
ployment of them. It was not enough 
to know that a certain sum was to go 
to support the civil list, but the number 
on the civil list must be known, and how 
much of the general sum each one re- 
ceived and for what service. It would be 
a very difficult affair to explain to the 
Assembly that certain sums of the civil 
list went to persoms unpopular with the 
majority, but whose retention was neces- 
sary for the crown. 

The Assembly fixed the treatment of 
each fuictionary on the civil list, and 
omitted the salary of several whose em- 
ployment did not seem quite clear. The 
Council immediately rejected this meas- 
ure of the Assembly and declared that 
such a method of procedure was uncons- 
titutional and an attack on the 
most imporfant prerogatives of the 
Crown. If the bill passed in this shape, 
it would give to the provincial assembly, 
not only the privilege of voting subsidies, 
but of deciding for the crown the number 
and kind of its officers, and would arro- 
gate to itself the judgment of their ser- 
vices. If the officers of the Crown were 
made to depend on the legislature the le- 
gislature could command their services 
even to the ruin of the crown itself. 

The Duke of Richmond prorogued this 
parliament April 24th, 1819, with the 
following speech, which explains the con- 
dition of affairs and why he was brought 
to prorogue its sittings. " I came to 
take in hand the government of the pos- 
session of His Majesty in North America, 
with the sincere desire of fulfilling the 
generous intentions of the Prince Re- 
gent, and of increasing the prosperity of 
the country. I flattered myself that I 
would be seconded by every instructed 
person capable of appreciating the mo- 
tives that brought me to accept this 
charge. Full of confidence in your zeal 
* * * in your knowledge of public and 
private interests. I have patiently fol- 
lowed your deliberations. Gentlemen of 
the Legislative Council, you have not de- 
ceived my hopes, and I pray you accept 
my thanks. Gentlemen of the Assembly, 
I regret not to be able to express the 
same satisfaction and approval of the re- 
sult of the work on which you have em- 
ployed your precious time, and the prin- 

ciples which have served as your 
guides. You have voted a part of the 
sums which I have demanded for the ex- 
pense of 1819, but you have based your 
allocations on principles unconstitutional 
and irrational, so that the government 
to-day finds itself without resources to 
sustain the civil administration in spite 
of the voluntary promise which the As- 
sembly made to His Majesty on the 13th 
Feb., 1810." 
The Duke of Richmond died in Sept. 

1819, before the effects of his adminis- 
tration could come to a development. He 
was succeeded by Mr. Monk and Sir Peri- 
grine Maitland until the arrival of the 
next Governor, the Earl of Dalhousie, 
who had been governor of Nova Scotia. 

When the Earl of Dalhousie met the 
chambers of Parliament lor the first time, 
in 1820, he declared that he could make 
no concession in regard to the financial 
arrangement that touched on the prero- 
gative of the Crown. 

The parliamentary opposition to the 
Crown in England took up the cudgel for 
the cause of the Assembly in Canada. Mr. 
Hume, in the English parliament of 

1820, said : " The expense of the colo- 
nies includes the question of good or bad, 
government. Why are 6,000 soldiers pre- 
sent in Canada if not to keep the people 
under a control that is oppressive and 
hateful ? What would an English House 
of Commons say if treated as the As- 
sembly of Quebec ? What if the King 
refused its president a majority of 55 to 
53 ? " 

In this speech, the studied attempt at 
illogical reasoning, or else the inability 
to appreciate historical differences, be- 
trays that the speaker, like most of the 
democratic orators, was either a trifler 
or a fool. Mr. Hume knew verv well that 
the 6,000 soldiers in Canada were there 
to hold the country against the Yankees ;, 
he knew that there was no similarity of 
composition between the English Par- 
liament and that of Canada ; he knew, or 
ought to have known, that the majority 
in the Canadian Parliament, if govern- 
ment was in their control, would soon 
have driven the English from the coun- 

Mr. Huskinson proposed a commission 
to enquire into the condition of Canada. 
The question he proposed to find out 
was whether the two provinces had been 
administered in a manner to favor their 
prosperity and attachment to England. 

The Ministry, desirous to maintain the 
English supremacy over the French ma- 
jority, replied : " That France ceded Ca- 


nada to England without conditions and 
without stipulation regarding administra- 
tion. France had then introduced the 
leudal system in full vigor. This s>s- 
tem, with the Code of Pans, arrested all 
progress We have done everything to in- 
troduce English laws and cause them 
to be put in force up to 1774. Then, in 
order to conciliate and hold the French, 
in Canada, against the revolt of the 
other American colonies, we revoked the 
promise of introducing English law, ex- 
cept the criminal law. We confirmed the 
dncient laws, recognizing the Catholic 
Church, and substituted the English sys- 
tem of taxation in place of the French." 

" The Act ol 17 78 abandoned to the co- 
lonies tlu, right of self-taxation and Up- 
per Canada was separated from Lower 
Canada for the saUe of the English co- 
lonists. We made the fault of dividing 
the electoral college, not according to 
extent of territory, but according to po- 
pulation. Tins had the effect of throwing 
preponderance in favor of tie seigneu- 

" There remains another difficulty, still 
more formidable,— the control of the colo- 
nial legislature over the public revenue. 
The taxes, which replaced the French 
taxes, were appropriated by the Act of 
1774 to the civil list and the administra- 
tion of justice. They amounted to £40,- 
000, or from all sources, to £100,000. 
The colonial legislature claims all this 
revenue, a nd what branches of the public 
service shall be maintained out of it. 
The Crown ''ministers) denies this pre- 
tension, which is founded neither on law 
nor usage, and the legislature refuses all 
subsidies so as to force the government 
to abandon to it control over the total- 
ity of revenue. Such is the question of 
debate before the two chambers." 

The Ministry, by this exposure, showed 
that its opposition to the Seigneurs, and 
the French territorial law had been ill- 
advised, even for the benefit of the 
Crown, but that its opposition to the 
Assembly and the Catholic influence was 
proper and reasonable. 

Mr. Labouchere replied to the Ministry 
thus : "I consider the Act of 1771. the 
great charter of Canadian liberty. I be- 
lieve that, if the intention of Pitt . and 
the legislators of his time had been fol- 
lowed, Lowjer Canada would have had a 
better chance of arriving; to rrosneritv 
than that which is now aocorderl her. She 
would have enjoyed that concorH and 
tranquility whi r h her alliance with the 
metropolis ought to guarantee her. It 
seems to me that the intention of Pitt 

had geen to give to Lower Canada a 
political assembly and a Legislative 
Council, but not to compose this council 
from the smaller number— from his Eug- 
lish faction alone. The Secretary of the 
Colonies does not render justice to the 
h rench Canadians, or to their legis.ature 
by saying that the experience of Pitt has 
not succeeded, since that experience has 
never been j.ract.ced or proven. " y 

Sir James Macintosh declared that : 
" Although the Coue of Paris in Canada 
has undergone no change since 1760, the 
manner of property transfer and govern- 
ment are superior to the English law 
system.' He ridiculed, by comparison, 
many usages of English real estate law 
wnich have become so complicated for 
the support of the lawyer element that : 
'• It requires as much to secure the set- 
tlement of a large estate as it does to 
make a treaty between two nations." 
He continued : " Truly the minority has 
not put before the House information 
enough to make this cause perfect. But, 
such as it is, with the knowledge which 
we have of the facts, 1 am of the opinion 
that the colonial legislature is justified 
in acting as it has. Undoubtedly it has 
the right of appropriating the money it 
has accorded : that is in the nature of 
its vote. It -is the right of every repre- 
sentative assembly, and it is to this 
right that the British House of Commons 
owes all its importance. If the colonial 
assembly does not possess this right, its 
pretention to control public expenditure 
is pure illusion." 

"The Council, on the other hand, is 
but the instrument of the governor and 
is accountable to him. Of the twenty- 
seven members composing it, seventeen 
hold places of pay, under the government, 
giving them £17,"000." 

" The Minister of the Colonies address- 
ed himself to the sentiment of this House 
to excite the sympathy in favor of the 
English in Canada. I demand that he 
show me a single law passed by the As- 
sembly of Lower Canada against English 
colonists. And the remedy prepared is a 
change of representation ! The purpose 
of this change is for the benefit of 80,- 
000 English settlers. But what influence 
would they exert over 400,000 French- 
Canadians who hold all the hind and pro- 
perty of that country ? The English, 
with but few exceptions, are shut up in 
cities, and are composed for the most 
part, of shon-keepers and the agents of 
merchants. Thev are respectable, no 
doubt, but would it not be a great in- 
justice to give tham the influence the 

French-Canadians ought to possess by 
reason of their property holding ?" 

The House of Commons, after some fur- 
ther debate, placed the affairs of Canada 
in charge of a special committee (1X24.) 

Before this discussion was commenced 
in the British Parliament, and while it 
was continuing, the war of factions was 
(increasing in Canada. The Assembly de- 
clared (1820) that : " The Council should 
not dictate the manner of its voting of 
subsidies * * That the right of propos- 
ing subsidies belonged exclusively to it, 
and the resolutions of the Council were 
contrary to the Constitution. The .Coun- 
cil, without deigning to replv, re'ected 
the finance bill of the Assembly. 

The question was whether the supplies 
should- be voted in one sum and for the 
life of the Xing, to be paid annually, or, 
whether they should be specified for this 
or that service, and appropriated yearly 
to the Assembly. The Assembly held 
firmly for the latter method, as offering 
a means of curbing and controling the 
action of the government. The Assembly 
went so far, even, as to refuse to recog- 
nize the agent appointed by the executive 
Council at London as the colonial agent. 

The Assembly was becoming so Drolific 
in claims on power as to overstep the 
constitution as popular assemblies even 
are wont to do. An assembly, by its na- 
ture, is but a representative body. It ha s 
no right to executive, or judiciarv func- 
tions, or to any action that tends to 
control the freedom of the government, 
to which its members are accredited as 
representatives of the people. Thev came 
together, merely to represent the claims 
people have to be observed, and to sug- 
gest ways and means of carrying those 
claims into execution. But it is the exe- 
cutive that decides whether this shall be 
carried out. and it is the judiciary that 
declares whether thev are lawful ' With 
the legality or justice of a measure, a 
popular assembly never bothers. Tt is 
against this carelessness of the rights of 
minorities and individuals that the judi- 
ciary and Executive Councils are parti- 
cularly charged to be on guard. They 
cannot maintain justice without inde- 
pendence of the Assembly. 

Tt was in the summer of 1821 that the 
Earl of Devonshire visited Upper Canada 
to look at the fortified places and to dis- 
cover what was the feeliRg of the people 
in regard to a union with Lower Cana- 
da. He thought that, if the Canadas 
were reunited, that the weight of the 
English in Upper Canada would assist 

the Crown in its struggle with the As=~ 

He "returned strengthened for the com- 
bat. He summoned Parliament Dec. 11, 
1821, and declared to it that the civil 
list must be voted for the life of His 
Majesty, according to the desire of the 
King ; that harmony among the* three 
branches of the government could be re- 
stired only at that price. 

The Assembly decided then to open up 
all tbe vices of the administration ; it 
demanded of the Governor a state of the 
evnenses fixed by roval instructions of 
1792, 1797, 1810 and 1818. The Governor 
declined to commun irate the secret in- 
structions of the King. The Assemblv, 
then, voted Mr. Marrvat, of the British 
Commons, its a^ent in England, but he 
refused to ant without the consent of the 
other branches of the Canadian govern- 

The Crown partv beholding how the 
majority were deliberating in Lower 
Canada— not for the good of the Com- 
monwealth. Tint from a spirit of opposi- 
tion and hatred, and to control the gov- 
ernment itself determined to unite with 
other parties, drawn into union by finan- 
cial ranses, for the reunion ©f the two 




In 1822 the population of Upper Cana- 
da was 140,000, that of Lower Canada 
428,000. The commerce of Upper Canada 
with England was carried through the- 
ports of Lower Canada. By the conven- 
tion of 1817, Upper Canada was to re- 
ceive one-fifth of the duties collected at 
Quebec. Since its population had in- 
creased, it claimed a yet larger share. In 
disputing over this, Upper Canada sent 
an agent to England to explain. 

The plan of all parties of the English 
now was for the restriction of the two 
parts of Canada to their original unity, 
to the Crown party, there was a sincere 
desire for an intermarriage of the French 
and English peoples, to produce one na- 
tion—as the Norman French and Saxon 
English had in England. Without this 
intermarriage, there would be two dis- 
tinct nationalities, one of which would 


have to be first in all matters, and this 
would be a constant menace of discon- 
tent. The creation of the two provinces 
had fortified these national differences by 
leaving the French masters of Lower Ca- 
nada, and the English in control of Up- 
per Canada. It had created the spirit of 
a separate legislation. 

2. To the bureaucracy there was an 
interested desire for union, because it 
would give them a greater chance at the 
offices of Lower Canada, if re-enforced by 
the English power of Upper Canada. 

3. To the financial party there was a 
selfish regard for a union, for the bonds 
of Upper Canada had been sold to Lon- 
don bankers at the time of the war of 
1812-15, and the people of Upper Canada 
found the burden of being taxed to pay 
the interest on these bonds very heavy. 
Moreover, Lower Canada had very little 
indebtedness and was rich and prosper- 
ous. If the two Canadas might only be 
reunited, the burden of paying this debt 
would be shared by Lower Canada and 
the bond-holders thereby would be doubly 

The bill for the union of the two Ca- 
nadas was brought before the ministry in 
1822 by Ellice, but on account of the per- 
sonal hostility of a rival, an opposition 
was formed that caused it to be laid 
aside for a time. It was decided, how- 
ever, that it was necessary to stay the 
acts of friction in Canada, which were 
constantly recurring between the executive 
and legislative branches. 

Meetings for a union and against it 
were held all over the two Canadas. 
Contrary to expectation, the majority of 
the inhabitants of Upper Canada pro- 
nounced against the project. They de- 
clared themselves to be content with thei r 
constitution, which they desired to trans- 
mit in its integrity to their offspring. A 
petition bearing 60,000 signatures was 
sent to London, by the French of all 
classes, who were opposed to a union. 

The Governor called Parliament in 
January, 1823. In the absence of 
President Papineau, Vallieres was elect- 
ed to his place over the Assembly. Mr. 
Ogden (English) in this parliament, pro- 
posed an amendment in favor of an union 
in these terms : " Canadians should not 
entertain sentiments of hostility towards 
other subjects of their sovereign, or have 
a repugnance to adopt the language, the 
usages and the character of that great 
family to form in common interest, one 
province of the two Canadas * * It is 
sometimes the duty of law givers to 

search the happiness of a people in spite 
of the will of the people." 

TheCatholic Bishop, Plessis urged on 
the clergy to make an effort against the 
union. He himself wrote to all the lead- 
ing statesmen and to the Catholic Bishop 
of London. He attributed the desire for 
a union on the part of the royalists to 
the refusal of the Assembly to vote the 
civil list. He intimated to Papineau that] 
it would be better to concede the civil 
list than to have the union. 

As an offset, to weaken the Catholic 
faction, the Protestant settlements to the 
east, surrounding the village of Sher- 
brooke, petitioned for a new electoral di- 
vision of their territory, so that they 
might be better represented. Lord Dal- 
housie invited them to send their peti- 
tion to the London Parliament. The pe- 
tition was accepted. The settlements 
were detached from the districts of Mon- 
treal and Three Rivers, and erected into 
a separate district by the name of St. 
Francis, in which was established a ju- 

It crippled the government just at this 
epoch to discover that an official high up 
in the bureaucracy, named Caldwell, was 
guilty of stealing £100,000. Caldwell 
showed too soon the nature of irrespon- 
sible officials, such as democracies and 
bureaucracies encourage. The Governor 
was forced to prorogue parliament March 
9, 1824, without having advanced one 
step towards concession of the civil list, 
or any other measure to benefit the coun- 
try. Lord Dalhousie then passed over to 
England to confer with the ministry on 
the project of an union, as the only rem- 
edy for the difficulties of Canadian ad- 
ministration. During his absence Sir 
Francis Burton acted as Governor, and 
created the impression by his obliging 
characteristics that the government had 
yielded its prerogatives to the Assem- 

After Dalhousie returned to Canada he 
received a letter of instruction from the 
ministry in relation to the government 
of the country which he did not commu- 
nicate to the Assembly in his address of 

The report spread that this letter re- 
lated to the subsidies, and the Assembly 
demanded a copy. The Governor refused 
to give a copy. He could not recognize 
the unconstitutional claim of the legis- 
lature to participate with the executive 
power in correspondence with the seat 
of Empire. Had he complied, such a pre- 
cedent once established would have anni- 
hilated the power of the Governor, and 


made him a creature of the schemers of 
the Assembly. 

The Assembly replied to this refusal 
with the declaration that they were pre- 
pared to vote the subsidies in the form 
which they had adopted in 1825, and in 
no other. 

The next day, March 7, 1827, the Gov- 
ernor dismissed the legislature with a 
speech of withering contempt at their 
short-sighted policy and desire to put 
obstruction in the way of an earnest ef- 
fort at good rulership. 

The journals took up the cry of par- 
tizanship for one side or the other. De- 
puties of the Assembly sent addresses to 
their constituents casting the blame on 
the Governor. The Governor, on the ex- 
piration of the militia laws, which the 
Assembly had refused to renew, gained a 
master-stroke by putting the ancient or- 
dinances in vigor. This policy at once 
placed the military establishment at his 
disposal. Officers of the militia, suspect- 
ed of partisan designs, were dismissed, 
and their places supplied by reliable ma- 
terial. Some of the more republican 
French went across the border into the 
United States, and established a journal 
at Plattsburgh, called L'Ami du Peuple, 
that continued, for a long time, to rave 
against the royal government with the 
insane fury of the Yankee demons and the 
Paris mob. 

A new parliament was elected and as- 
sembled Nov. 21, 1827. Papineau was 
elected President of the Assembly, but 
the Governor objected to him, and com- 
manded the Assembly to elect another 
who was less a partizan. He was again 
elected, and a deputation was sent to 
Dalhousie to enquire when he would re- 
ceive the Assembly. The Governor replied 
that he could not receive their message 
until he had approved of their election of 
a President : he prorogued parliament the 
same day (Nov. 23.) 

The friends of good "government thanked 
Dalhousie for his firmness, and declared 
that his decided action had prevented a 
revolution. The enemies of the govern- 
ment prepared addresses to the English 
parliament and held meetings from be- 
ginning to end of the province. The 
editor of the Spectator, Waller, was ar- 
rested by order of the Governor for the 
bitterness and mandacity of his attacks. 
Partizan magistrates, editors and militia 
officers now felt the rigor of the Govern- 
or's determination to crush the stub- 
born opposition to his rulership. At the 
same time, in Upper Canada, Yankees 
who had settled there formed the bulk 

of the Liberal and Democratic party, and 
agitated against the Crown government 
and the bureaucracy without distinction. 

These affairs and their condition were 
brought to the notice of the English par- 
liament in 1828 by agents sent over by 
both parties, and were the means of a 
long discussion. Lord Dalhousie himself 
was recalled. He laid before the minis- 
try a memoir to justify his conduct, in 
which he declared that if the English par- 
liament supported the Assembly, the 
government would soon be beyond its 
sounding in a sea of difficulties. He 
stated that it was necessary to over- 
throw the politics of the French and 
amalgamate their nationality with the 

The Committee of the British Parlia- 
ment in Canadian affairs reported meas- 
ures for the following reforms : 

1. Independence of tne judges from po- 
litical influence. 

2. Responsibility and accountability of 

3. Legislative Council more indepen- 
dent of salary and more bound to the 
interests of the country. 

4. Property of the Jesuits to be ap- 
plied to educational purposes. 

5. Obstacles to the re-establisment of 
real property removed. 

6. Abuses to be redressed only after 
investigation (by the Assembly.) 

The first of these measures might be 
interpreted for the Crown, or against it, 
that is as to whether the " political in- 
fluence " was conceived to emanate from 
the Assembly or the Governor. The 
second measure was against the Crown, 
because while the functionaries were ap- 
pointed by the Governor they were made 
responsible to the Assembly. The third 
measure formed a landed aristocracy, and 
this was indirectly in accordance with a 
royal government. The fourth measure 
was against the Catholics. The fifth 
was adverse to the French property law, 
and the sixth gave the power of aggres- 
sion to the Assembly. 

Sept. 2, 1828, Sir James Kempt re- 
placed Dalhousie as Governor at Quebec, 
coming from the Governorship of Nova 
Scotia. He opened parliament towards 
the close of 1828, and in doing so, re- 
cognized Papineau as President of the 

A week afterwards the British ministry 
instructed the Governor to make known 
to parliament the following : That the 
discussion concerning the emplovment of 
the public revenue had attracted the 
King's attention. As the Lords of the 

Treasury had the disposal of the revenue 
by the imperial Act of 1779, it could not 
come under control of the Provincial As- 
sembly. A certain sum of this revenue, 
coming from fines, land dues and other 
like sources, that in 1828 amounted to 
£38,000, the King wished to be set 
apart for the payment of judges and 
other functionaries, but he was not dis- 
posed to employ the rest of the money 
until he had listened to the views of the 
Assembly on the best manner for its ap- 

Sir James Kempt approved of the 
accord which was brought about between 
the two Canadas on the question of re- 
venue participation and he accredited an 
agent chosen by act of legislature to re- 
present Canadian affairs in London. 

In spite of all he could do to satisfy 
the democracy, as it is proper now to 
call the Assembly and its partizans, he 
beheld in 1830, that they knew no bounds 
to extravagant demands, and he resigned 
to escape, in his turn, the unpopularity 
that the integrity and fairness of Dal- 
housie had brought on that chieftain 
when he was governor. 

Lord Aylmer, the next Governor, ar- 
rived at Quebec Oct. 13, 1830. Lord Ayl- 
mer opened parliament in January 1831 
by informing the members of the death 
of George IV, and the accession of Wil- 
liam IV, which had retarded the minis- 
ters in their settlement of the troubles 
in Canada. 

A little later, he communicated a re- 
sponse of the ministers to the Canadian 
Parliament. The ministry, acting under 
the evil advice of concession to the As- 
sembly, abandoned control over all reve- 
nue except £19,000 to be devoted to the 
civil list and to be voted during the 
King's life. But the Assembly intoxicat- 
ed with democratic ardor at this success, 
refused to accede to even this. Its mem- 
bers began to rely on the menace which 
the democracy, across the line, was able 
to offer. From this time dates the in- 
trigue of Candian democrats and fac- 
tions with the Yankee democracy, when- 
ever England is to be intimidated into 
granting concession that do not belong 
to law, ethics, or reason. 

The Assembly, continuing its advance 
movement, demanded of Lord Aylmer co- 
pies of his despatches concerning the civil 
list. These he refused to show, in the 
same manner and for the same reason as 
Lord Dalhousie, his predecessor, had re- 
fused. The Assembly then extended the 
field of operations, by a nominal appeal 
to examine into the condition of the pro- 

vince and demanded of the Executive 
Council details of the civil list, on the 
Jesuit property, on the revenue of woods 
and lands, and explanations on what was 
to be done with this revenue, also whe- 
ther the Jud fe e in Admiralty causes in 
Quebec received appointments or honor- 

Before the bravery of these attacks the 
Governor showed signs of weakness. He 
informed the Assembly that the ministry 
were proposing to submit to the English. 
Parliament a. bill to take the revenue of 
the colony from the hands of the treas- 
ury and put it under control of the colo- 
nial legislature. 

Further enhardened, the Assembly, 
March 8, 1831, by the proposal of mem- 
bers, Bourdayes and Lafontaine, conceiv- 
ed the plan of refusing subsidies until it 
could have control over the revenue ; the 
judges excluded from the legislative and 
executive councils ; these two councils re- 
formed ; the • Crown lands conceded in 
free-hold and put in French law tenure, 
according to the usage of the province— 
in fact, to have the Assembly in Canada 
act as Pope, Judge, General and Legisla- 
tor combined— all controlled by demo- 
crats and Catholic priests. For the bet- 
ter carrying out of these schemes, Mr. 
Lee, one of the members, proposed to 
make the councils elective, like the As- 
sembly. As a preluae to this action, 
the Assembly forwarded a petition for 
reform to the English Parliament, found- 
ed on a tale of grievances and com- 
plaints against the Royal Governor and 

In this parliamentary session of 1831 
Jews were admitted to civil and politi- 
cal privileges in Canada. 

When parliament opened again towards 
the close of 1831, the Assembly received 
from the ministry, through Lord Gode- 
rich, the reply to its petitions of the 
previous sitting. He informed the Assem- 
bly that the King confided to the pro- 
vincial legislature disposition of the re- 
venue of the Jesuits. The chambers were 
invited to pass a law to render the Su- 
perior Court judges independent of the 
Crown and immovable unless under for- 
feiture, but the law was to provide for 
their permanent salary. It was stated 
that no judge would be named for the 
councils except the Chief Justice, , who 
was forbidden to take part in political 

With a ll these concessions placed before 
the Assemblv by Lord Aylmer, it was 
asked to vote the civil list of ,. £19,000. 
But so wild were its expectations and 


so serious its hope of absolute authority, 
that the list was rejected. The mem- 
bers of the Assembly considered that they 
ought to control the government, and 
that the government would finally be 
compelled to acknowledge them, because 
" The United States was at hand to re- 
ceive them if they were wounded in so 
holy a struggle for popular liberty." 

The' ministry went a step further than 
before, and conceded to the Assembly the 
privilege over the clergy reserves, but 
to no purpose. When the democracy runs 
insane there is no remedy like bleeding to 
bring it to its senses. 

Aylmer dismissed the chambers with 
expressions of regret over the downfall 
of all hopes of reconciliation. He in- 
formed them that he would submit the 
law, in regard to the subsidies, to the 

When the governing power hesitates the 
.world believes in its weakness and acts 
accordingly. In 1832, during a period of 
election of candidates in Montreal, the 
people became so riotous that troops had 
to be summoned. They fired on the 
rioters and three of them were killed. 

Lord Goderich, a British minister, in- 
flated with the silly idea that a conces- 
sional rulership brings peace, when, in 
truth, it only provokes discussion on the 
acts of government and gives precedence 
for the sanction of further demands, add- 
ed to the Canadian Council in order to 
popularize the government. Christie de- 
scribes this chamber, in his History of 
Lower Canada, as being lowered in pub- 
lic opinion. " It was fallen into pro- 
found disrepute." There were no honor- 
able virtues to it. " In general, by cha- 
racter and position of the persons who 
composed it, there was nothing in them 
to enlighten confidence and esteem." 

When the Governor met the Assembly, 
in 1832. (Nov. 15), he informed them that 
the Kins; would continue to provide for 
all needs of the civil list by applying 
thereunto the money that the law put at 
his disposal. As for the independence of 
the judges he could not sanction it, be- 
cause the Assembly had not established 
a permanent and fixed salary. Resides, 
as the French outnumbered the English, 
and controlled one chamber, which 
chamber sought to control the govern- 
ment entirely, no further step could be 
taken in this direction without exciting 
the jealousy and fear of the weaker par- 

It will be seen by this that the min- 
istry was beginning "to learn that the art 
of government is not in handing over the 

reins thereof to the other parties, irre- 
sponsible and vicious. 

The resuit of this was a series of new 
petitions from all parties to the British 
Government. It is necessary only to re- 
cite that of the Crown party, because it 
contains, by implication, the substance of 
the contrary petitions of the democratrs. 
It declared that the situation of the coun- 
try was alarming ; that from prosperity 
and repose Canada was marching to- 
wards anarchy and rum. Every effort 
was being made to divide the inhabitants 
into factions. The interests of commerce 
and agriculture were sacrificed to the 
spirit of control The Governor was fal- 
sely accused of partiality and injustice. 
Civil and military officers were cause- 
lessly represented as corrupt and de- 
sirous of oppressing the people. Hos- 
tility to the executive council was push- 
ed so far as to demand that it be made 
elective, which would form of it only an- 
other Assembly, and not the stronghold 
of royal power, as now. The effects of 
such a change would be to arrest immi- 
gration, raise indignation and fear among 
the royalists, and provoke a civil war 
with Upper Canada (Protestant) ; that 
would never consent to witness the erec- 
tion of a Catholic democracy between 
here and the ocean. 

The Chambers were dismissed April 3, 

1833, after a session of useless recrimina- 
tion of five months. It seems that the 
great delight of popular assemblies is to 
levy blackmail on their opponents. This 
same year the judges refused to confirm 
the charter of Quebec because it was 
made out in French instead of English. 
This only added to the weapons of the, 
French party. 

But Lord Goderich was replaced in the 
ministry by Mr. Stanley, who had a 
harder head and who proved a great re- 
enforcement to the Crown party in Ca- 
nada. He approved the conduct of the 
Governor in relation to the subsidies in 
the dispatch of June 6, 1833. He said : 
" If one listened to the absurd preten- 
sions of the Assembly, that wishes to 
prescribe annually the condition under 
which functionaries hold their charges, 
very few would desire to have them." 
The union of the two provinces he consi- 
dered a necessity to put an end to these 

When parliament assembled, Jan. 7, 

1834, Lord Aylmer urged without delay, 
some settlement of the question of fin- 
ance to the end that England might 
know how to act. 

The Assembly wished to ignore the 


Governor altogether and proceed to an 
examination of the condition of the pro- 
vince. But in the midst of this crusade 
against the Governor and Council, the re- 
ply of the British ministry to the ad- 
dress sent by the Assembly, to London, 
arrived, and was read. It consisted of 
the following message : 

*' The object of this address is to pray 
His Majesty to consent t the holding of 
a convention in Lower Canada, that, in- 
dependent of the legislative bodies, shall 
reduce to zero the constitution, and ex- 
punge the article which created the upper 
chamber, or to render that chamber elec- 
tive. His Majesty sees in this purpose 
only a frivolity. He can never give his 
consent to that which is incompatible 
with monarchical institution, but will 
ever be reacry to do what he can to make 
independent the Legislative Council and 
elevate its character." 

In the meantime the day fixed for ex- 
amining the condition of the province ar- 
rived. Papineau made an address in which 
he fairly exceeded reason at this time, 
his misapplied republicanism. " There 
exist certain signs," vociferated he, "that 
before long prove that all America will 
be republican. It is a great error on the 
part of Mr. Stanley to speak to us of 
the monarchical government of England 
in 1834. At the time of the Stuarts, 
those who sustained the monarchy lost 
their heads on the scaffold." This flour- 
ish of democracy was indeed unfortunate 
to his subsequent glory. 

Bedard followed Papineau with a set of 
resolutions containing the very desire 
which His Majesty had forbidden to be 
expressed. Neilson replied to Bedard 
thus : 

" The resolutions of Mr. Bedard 
bear against the existence of the 
Legislative Council, a body con- 
stituted like the Assembly, by 
the Act of 1791. Thev put in accusa- 
tion the governor, who forms another 
part of the legislature. They bear a re- 
fusal to submit to the expenses of the 
province. They a re injurious towards the 
British ministers." 

The opposition seeing that its inclina- 
tion towards republicanism and the 
United States was bringing about a feel- 
ing of wrath in the minds of the royal- 
ists, sought to confuse the declaration by 
appealing to history. It was declared 
that " It was not the freest regime 
among the English oolonies that pro- 
duced the revolution in America, since 
the province of New York, where insti- 
tutions were the most monarchical, ac- 

cording to the meaning of Mr. Stanley, 
had been the first to refuse to obey the 
act of the British Parlliament. Connec- 
ticut and Rhode Island, with purely dem- 
ocratic institutions, had been the last to 
enter into the confederation on the Unit- 
ed States." 

Here this orator showed his ignorance 
of history. Massachusetts, the most dem- 
ocratic of all the colonies, was the first 
to organize an armed insurrection against 
the Crown, while New York furnished a 
greater number to the loyalist levees, in 
proportion to population, than any other 
colony. and New York city was the 
stronghold of the British in America 
up to the close of the American war in 
1783. Virginia was more monarchical 
than New York. And Georgia was the 
most loyal of all, having a royal organ- 
ization until 1782. 

The Assembly, in this session left the 
civil list unappropriated. All parties pe- 
titioned to England. The Governor, in 
closing the session, March 18, 1834, told 
the members that, since they had ap- 
pealed to the British Parliament, they 
must now submit to its supreme author- 

The members of the Councils and the 
Assembly separated to await the effect 
of their representations and complaints 
on the home government. The muddle of 
affairs was so intricate that it seemed 
as though nothing but the strong arm of 
arbitrary power could separate them in- 
to orderly succession. 


Thoughts of the general prosperity of 
the country and integrity of the Crown 
were denied in utterance before the cla- 
mors of leligion, bigotry and prejudice of 

Lord Goderich, although superceded by 
Mr. Stanley, wrote a letter to the Gov- 
ernor of Newfoundland, in which he ex- 
pressed those " liberal " ideas, which 
seem too preposterous and irraytional 
from the utterance of an Englisg lord : 
" One is unable to deny that the exist- 
ence of these councils is accompanied by 
serious difficulties. They deprive the Gov- 
serious difficulties. They are too often 
in dispute with the legislature. 


rhey deprive the Government of 
lis own responsibility and the 
Assembly of its best material without 
compensation. In the colony, they have 
aot that high position which the House 
af Lords has in England, because they 
tiave not riches or independence, or an- 
tiquity. I would see with pleasure the 
two chambers united into one." 

By this letter, this singular peer, iwould 
see a political evil take one step forward 
ind civilization one step backward. Truly 
tiis shield, and the shields of those like 
aim, ought to be in the language of her- 
ildry, reversed and erased. It always 
seems strange, when there is a quarrel 
between the elective chamber and the he- 
reditary branches of government, and the 
question of the abolition of one of them 
is raised, why it does not point to the 
jlective one, that is alw T ays aggressive 
ind unconstitutional. Sometimes the 
question of abolition does come to the 
political swaggers of the democracy, but 
it is brought by a dictator, a Cromwell, 
or a Napoleon, and the world at that 
time cries, " Blessed is the day that 
gave him birth." 

While waiting for the judgment of Eng- 
land on these matters, organizations 
were promoted on both sides of the ques- 
tion and the election of another parlia- 
ment took place. Lord Aberdeen was in 
charge of that department of the min- 
istry concerned with the colonies. 

The fifth and last parliament of Lower 
Canada assembled at Quebec Feb. 21, 
L835. Lord Aberdeen wrote Lord Aylmer 
that he approved of his conduct. Not one 
af the 92 articles of complaint had been 
sustained by the friends of the Assem- 
bly against the ministry. Sir Robert 
Peel, the Prime Minister, charged Lord 
Aylmer to announce to Lower Canada 
that a new governor, invested with ex- 
traordinary powers to settle matters, 
would be sent over. 

Sir Robert Peel's ministry gave place 
to that of Lord Melbourne in April 1835. 
Lord Glenely was placed in charge of the 

The decision of the two ministers in 
regard to the colonies was as follows : 
The Legislative Council was not to be 
changed, and the constitutional conven- 
tion was not allowed to be controlled by 
the people. The Crown was not to aban- 
don its claim on the revenue. The ad- 
ministration of Crown lands was to re- 
main under charge of the Executive Coun- 
cil. The trial of judges was to be had 
before the Legislative Council, or the 
King and Privy Council. 

Three commissioners were sent to Ca- 
nada to observe the action of the As- 
sembly, to study into the social arrange- 
ments of the country and the political 
doctrines disseminated by the press. This 
commission arrived at Quebec in August 
1835. Lord Gosford, one of the commis- 
sioners, replaced Lord Aylmer as Govern- 
or, and presided over the opening of par- 
liament, Oct. 27, 1835. 

During this session, Papineau was chief 
of the irreconciliables of both races, and 
based his opposition on the terms of the 
92 articles which had been rejected by 
the British ministry. 

In the meantime the commission sent 
by the ministry to Canada had made its 
report. Upper Canada and the Maritime 
Provinces were concessionary, and the 
commission advised the ministry to treat 
the unconciliatory spirit manifested by 
the Assembly of Lower Canada without 
circumlocution. This report made to the 
British parliament, March 2, 1837, ad- 
vised the use of coercive measures, if ne- 
cessary, against the Assembly of Quebec. 
They suggested the changing of the elect- 
oral law so as to give greater prepon- 
derance to the Crown party, and to main- 
tain the demands for the subsidy of £19,- 
000 for the life of the King, or, at least, 
for some years. Lord John Russell, Min- 
ister Qf the Interior, approved, before the 
Commons, of all these advices. He took 
occasion to say : "'Not one of the other 
colonies has advanced such demands as 
Lower Canada. 

Lord Glenely wrote to Lord Gosford, 
on the determination of the British gov- 
ernment and, in case that the Canadians 
should resist, he would send two regi- 
ments supplied with artillerv, as a sup- 
port. The bleeding time was about to 
commence. Lord Gosford was command- 
ed to draw troops, also, from New Brun- 

The radical press of Canada, when this 
news was known, declared that the op- 
pression that England wished to impose 
would not be endured ; that the govern- 
ment of the United States would be in- 
vited to interfere ; that it was necessary 
to cease all intercourse with England. 
The exasperated democrats, with Papi- 
neau at their head, went about the coun- 
try making addresses of violent import. 
Armed bands in the country region burn- 
ed the effigy of the Governor. All acts 
seemed to denote an instantaneous insur- 
rection. There were two things, how- 
ever, that cooled the wiser blood among 
the disaffected. This was the knowledge 
that the other provinces were with Eng- 


land. Secondly, Yankee treachery was 
suspected, and it was rumored that, if 
rebellion did occur, the United States 
were ready to step in and secure the price 
of Canadian victory on their own terms. 

The Governor, on his side, was willing 
to make one more attempt at concilia- 
tion. When the chambers were reopened, 
Aug. 18, 1837, he prayed the Assembly 
to settle the revenue or xhe metropolis 
would do it. The Assembly replied by a 
protest against the report of the com- 
missioners and the resolutions of the Lon- 
don , parliament. The Governor, then, 
brusquely prorogued the Assembly. 

The partizans of democracy, anarchy 
and the Assembly finding themselves no 
nearer rulership, but likely to be borne 
backward, organized armed resistance and 
sent petitions to London. The relics of 
the seigneurial order rallied about the 
governor. Colonel de Hertel promised for 
the fidelity of his battalion in Deux Mon- 
tagnes. But, in the vicinity of St. 
Charles, a great assemblage of the inha- 
bitants of the six adjoining counties, Oct. 
23, swore to a union to which they gave 
the name of " Confederation of the Six 
Counties." They bore a number of ban- 
ners on which were Catholic emblems and 
words like the following : " Vive Papi- 
neau and the elective system," " Inde- 
pendence," and " The country awaits the 
aid of the Canadians of 1813." The as- 
semblage was addressed by Nelson, Papi- 
neau, Viger, Lacoste, Cote, Brown and 

The Catholic Bishop, Signai, fearful lest, 
the rebellion would damage the interests 
of the clergy, hastened to put himself 
in alliance with the government. He is- 
sued a proclamation commanding all Ca- 
tholics to respect the established author- 

Gen. Colbotne, who held command in 
Upper Canada, left that province in 
charge of Sir Francis B. Head, and took 
charge of the English forces of both Ca- 
nadas, sending even for some regulars 
that were stationed in New Brunswick. 

Mandates of arrest were issued against 
Papineau, Callaghan, Nelson and Morin 
for high treason and troops were de- 
tached under Col. Gore to proceed to 
St. Denis and St. Charles. 

On Nov. 23 Nelson was entrenched at 
St. Denis. In the combat that followed 
the government troops, after six hours of 
struggle, were unable to force the ene- 
my therefrom, and retired, leaving behind 
the cannnon, wounded and part of the 
baggage and munitions of war. 

Another column of the government 

troops had departed from Chambly, com- 
manded by Col. Wetherall with orders to 
join Gore. Not finding Gore, Wetherall 
advanced against a body of insurgents on 
Nov. 25th, posted at kt. Charles. Some 
of the insurgents were commanded by 
Brown, who fled and leit his followers 
to make the best or it. The insurgents 
at St. Charles, although having artillery, 
were overthrown after a fight of two 
hours, and their enclosures carried at 
the point of the bayonet. 

At the close of this affair, the Montreal 
district was placed under martial law. 
The Canadian part of the insurrection 
had been conquered, save that at St. 
Eustache. Some Yankees who had come 
across the frontier, on the Lake Cham- 
plain side, were dispersed with hereditary 
confusion. Sir John Colborne, with 2,- 
.000 men, arrived before St. Eustache 
Dec. 14. This post was commanded by 
Chenier, who had 250 men, fortified in 
the church, the convent and neighboring 
houses. After a brief resistance this place 
was taken and all within were slaughter- 
ed without mercy, as a. lesson to further 

The rebellion was crushed. Papineau, 
the leader, had fled to that arsenal of 
sedition, the United States. The publi- 
cations which had contained insurrection- 
ary counsels were seized. The Assembly 
of Lower Canada was prostrate at the 
feet of royal power. 

But while Lower Canada was freed 
from the demagogues and their followers 
who had enkindled the torch of anarchy, 
Upper Canada was a prey to the same 
malady. Mackenzie, a parti/an of democ- 
racy, of a much ruder mould than Papi- 
neau, had spread his black flag to the 
breeze at Navy Island, two miles above 
the Falls of Niagara, where he was join- 
ed by a herd of Irish-Americans, ever 
ready to promote ^ schism in the gov- 
ernment of the British. The district of 
London, settled mostlv by Ya-kees, was 
in the ferment of revolt. But the revolt- 
ers were defeated at Amherstburg and 
Mackenzie was driven by cannon shot out 
of Navy Island. For some time after 
guerilla bands commanded by Mackenzie 
and Nelson, and composed of the refusc- 
of the democracy, hovered along the fron- 
tier. Their leaders went so far as to 
publish a proclamation of independence 
in March 1838 

The British minister at Washington 
comDlained to the United States govern- 
ment of the violation of noutralitv laws 
which was eoing on within the horder. 
The Governors of New York and Vermont 


at this instance called on the people of 
these States to cause the peace to be re- 
spected, but there was tnougnt to be a 
secret connivance between the Uniteu 
States authorities and the Canadian re- 
publicans, and tnis supposition was sup- 
ported by tbe lact that the State gov- 
ernors did not call on the militia to en- 
iorcs neutrality, but merely pubnsned a 
proclamation which was as" much observ- 
ed as the blowing of a horn. 

In England the attention of parliament 
was drawn to Canadian disturbances by 
a speech lrom the tnrone, l\ov. 2u, 1857. 
The English at Quebec and Montreal had 
recommenced to demand the union of 
Upper Canada with Lower, as a measure 
of common safety. 

In February, 1838, Lord Gosford re- 
signed from Lower Canada, and Sir F. 
B. Head, from Upper Canada, and both 
departed for England. It was in the way 
of the Crown government to establish a 
just and equitable rulership in Canada 
without the aid of the democracy, which 
lay crushed and bleeding at the feet of 
conquest. The Assembly had forfeited its 
right to existence, as well as the popular 
branch of the Upper province, through 
the late armed resistance and unconstitu- 
tional proceedings. A wise government 
would have set up, in both Canadas, the 
rule of, a military chieftain assisted by a 
council chosen irom among the seigneurs 
and landed proprietors. Hut such was 
not to be. The parliamentary democracy 
of England feared to permit the ministry 
on such courses in the colonies, because 
such courses would run as menaces to its 
own establishment in London. Yet the 
menaces to the Empire of these demo- 
cratic parliaments aic greater than that 
of external foes. Had the revolt pro- 
moted by their demagogues proved long- 
er-lived in Canada, France was prepared 
to send an auxiliary legion, and the Unit- 
ed States government was ready to re- 
cognize Canadian independence as a prepa- 
ratory measure of engulfing the country 
in its own pythean embrace. 

The democrats in England clearly fore- 
see that the building up of Crown colo- 
nies tends to strengthen the Crown at 
the expense of parliament. It became a 
policy from this time, of the liberal, or 
democratic party in England, to advo- 
cate the independence of the colonies so 
soon as they come to be of self-support- 
ing consideration. 

Mr. Hume. M.P., presided over an as- 
sembly, in London, in 1838, and sug- 
gested that the possession of Canada was 
not advantageous to England ; that it 

was a source of weakness to the Empire 
and of expense to the iMigiish exchequer. 

Lord Brougham, with ah the iacility of 
democrats ignorance, on the coirect 
alignment of historic events, proclaimed, 
in these words, his opinion : " All tlie 
dispute comes irom our having taken 
i:^u,uuO without the consent oi then re- 
presentatives ; £2iu,u0u without their con- 
sent ! Well, it was lor 2u shillings that 
Hampden resisted and acquired by the re- 
sistance, an immortal renown." He was 
blind to the fact that the refusal to 
vote for the subsidy in Canada was the 
pretext for resistance and not the cause, 
as the events of history have proven. 

Lord Durham was appointed Governor 
and Koyal Commissioner with authority 
to appoint ten councillors irom Lower 
Canada and an equal number irom the 
Upper Province, to assist him in his task 
of pacifying the country. He arrived at 
Quebec May 27, 1838. He had private in- 
structions to suspend the constitution of 
1791, and all things pointed to a forcible 
union oi tne two provinces. 

There was a strong opposition to this, 
as might be expected, among the liberal 
parliamentarians of England in the inter- 
est of the body to which they belonged. 
The suppression of the constitution of 
1791 gave an additional weapon to their 
argument. Mr. Grote dto.aiea in *he Lon- 
don parliament . " If a violation of a 
part of the constitution has determined 
the Canadians to arm in defence of their 
rights, what will be the consequences of 
a measure which suspends the constitu- 
tion and confiscates public liberty ?" 

Mr. Warburton added : " England has 
aided to prepare liberty in Greece, Po- 
land and South America, why wish to 
deprive the Canadian people of that be- 
nefit ? ,! 

Both of these orators had their minds 
so clouded either by perversity, or ignor- 
ance, as to t:e unable to draw just his- 
toric parallels 

Lord Durham, after he landed at Que- 
bec in 1838, made the following procla- 
mation : " Those who sincerely wish the 
reforming and perfecting of deficient in- 
stitutions, will receive from me, with- 
out distinction o; party, race or politics, 
the support and encouragement that their 
patriotism merits. But the disturbers of 
public repose, law violators, enemies of 
the Crown and the British Empire, will 
find in me an inexorable enemy." He 
proceeded at once to dismiss the Coun- 
cil, which had been nominated before his 
arrival bv Colborne, and named in its 
stead a council of responsible and honor- 


able gentlemen consisting of the follow- 
ing : Mr. Buller, secretary ; Admiral Sir 
Charles Paget, Gen. Clotherow, Gen. Sir 
James MacDonell, Col. Charles Grey, Mr. 
Turton and some members of his suite, 
lie added to them five judges of the coun- 
try, Daly, the Provincial Secretary, and 
Routh, Commissary-General of the Pro- 

By one stroke of the pen he freed him- 
self from the embarrassments of political 
troubles in the trial of political prison- 
ers, whom he pardoned on the day fixed 
for the coronation of Queen Victoria, 
(June 28, 1838)). There were a few 
others, however, who were sent into tem- 
porary exile to the Bermudas. 

In July Lord Durham passed through 
Montreal to visit Upper Canada, for the 
purpose of organizing the material for a 
union of the two provinces. 

While this was going on, in Canada, in 
the Bitish parliament the arbitrary ac- 
tion of I ord Durham was censured. Al- 
though the ministry rallied to his sup- 
port, his action was the subject of a 
disavowal on the part of the government, 
which so humiliated him, that he resolved 
to resign his position. The friends of 
good government in Canada, however, ex- 
pressed to him publicly their approval of 
his course and their indignation and scorn 
of the British parliament that had con- 
demned him. Tney even sent a deputa- 
tion to London to approve of Lord Dur- 
ham there, and to demand an union of 
the Canadas. 

The British parliamentary demagogues 
had thev had sense enough to have ap- 
preciated the effect of their action against 
Lord Durham, might have witnessed the 
mob at Quebec and Montreal, burning the 
effigies of Durham and the ministry, 
while they were cheering: the names of 
the leaders of that faction in the Brit- 
ish parliament who had been in the op- 

The 9th Oct., 1838, Lord Denham pub- 
lished a manifesto in which he declared 
that, it was the desire to give a roval 
character to Lower Canada with a free 
government ; to destroy the miserable 
jealousies of a l,itt.le society of dema- 
gogues and the odious animosity of 
races ; to elevate the sentiment of a 
noble and magnanimous nationality. He 
showed that it was dangerous to have 
the executive affairs of the colony sub- 
jected to subordination at the hands of 
factions in the British parliament. He 
departed for England in November, leav- 
ing Sir John Colborne at the head of 


The U. S. politicians no sooner knew 
of the paralysis that the British parlia- 
ment had caused to Canadian loyalty by 
its factious behavior towards the royal 
Governor, Lord Durham, than they en- 
couraged tht. Canadian refugees in their 
territory. These, with their republican 
sympathizers, they held meetings at 
Washington, Philadelphia, New York and 
and Albany, and put themselves in cor- 
respondence with secret societies of armed 
men in Canada, whom the interposition 
of the British parliament against the 
royal Governor, had encouraged. In 
Montreal, one of these societies held 3,- 
000 ready to take arms. Nelson came 
on from the United States so soon as 
Lord Durham had embarked for Eng- 
land, published a second proclamation of 
independence, crossed the border and took 
armed possession of Napierville. Sir 
John Colborne proclaimed martial law, 
and, in a few days, reduced the country 
to submission, after having driven Nel- 
son over the border and devastated the 
neighborhood that had supported his pre- 
sence, as a lesson to future offenders. 

Tn Upper Canada another corps of re- 
publicans and Canadian rebels fortified 
themselves in a stone mill, near Pres- 
cott, but were obliged to surrender to a 
beseiging force. Other bodies made in- 
effectual attempts on Windsor and Sand- 

The Crown party were furious. They 
said that they would " sween the dem- 
ocracy from the face of the earth." Every 
house of the rebels was burned in the 
vicinity of Montreal. Sir John Colborne 
organized without -delay a council of war, 
and commenced the trial of prisoners 
made in this campaign. Ninety-nine were 
condemned to death. 

Colborne was made Governor-General of 
Canada in 1839. The first part of his 
administration was occupied in waiting 
for news of the effect in England of the 
events which had happened in Canada. 

Lord Durham, in England, in his re- 
port said ' " There were two ways of 
treating a conouered people ; either to 
respect its laws, institutions and nation- 
ality, and, without favoring the immi- 
grants of the conquering race, without 
attempting to change the elements of so- 
ciety, to consolidate the established or- 
der of things under the central author- 
itv : or, to treat the country as an open 
field, to encourage immigration, to re- 
card the conquered as subordinate in all 
things to the conquerors, and to attempt 


to assimilate their character and institu- 
tions. In an ancient country the first 
is the method to be pursued ; in a new 
country, it is the second which should he 

Lord Durham justified himself in fol- 
lowing the latter course on account of 
the refusal of the Assembly to vote the 
civil list. " The Assembly of Lower Ca- 
nada is able to reject or receive the law, 
to vote or refuse subsidies, but it Can 
exercise no influence on the choice of the 
Crown officials. The Executive Council, 
the heads of departments and the judi- 
ciary officials are named , without the 
least attention to the wish of the peo- 
ple, or its representatives." From this 
arose the struggle between the two bran- 
ches of government. 

Lord Durham advised the legislative 
union of all the provinces. But he urged 
the union of the two provinces of Cana- 
da with a representation based on popu- 
lation ; to revise the constitution of the 
upper chamber ; to allow the lower cham- 
ber to control the revenue except that 
which was derived from public lands and 
for a sufficient civil list ; to render func- 
tionaries accountable to the legislature, 
except the Governor and Secretary ; to 
make the judges independent, and finally 
to put at the heads of departments min- 
isters in accord with the views of the 
majority in the legislature. 

The British ministry adopted Lord Dur- 
ham's plan with the exception of accord- 
ing to each of the Canadas an equal num- 
ber of representatives. 

Mav 3, 1839, Lord Melbourne. Prime 
Minister, presented to the British par- 
liament a memoire from the Queen re- 
commending the union of the two Cana- 

Tn the meantime, Poulett Thompson, 
afterwards Lord Sydenham, was sent to 
Quebec as governor a,nd instructed to 
smooth away the apprehensions of the 
French. At Montreal he convoked a spe- 
cial council Nov. 11, 1833, that approved 
the project of the union. To gain the 
Catholic clergv. he confirmed the semi- 
nary of St. Sulpice with all its preten- 
tions. Dec. 3 he opened the parliament at 

This parliament demanded " that the 
seat of government should be fixed in 
Upper Canada : that the three lower 
counties of Lower Canada should be add- 
ed to New Brunswick ; that Lower Ca- 
nada should have fewer deputies in Par- 
liament than Upper Canada, and that 
after 184f> the seigneuries should not be 
represented, that an interdict should be 

passed on the use of the French lan- 
guage, and that the debt of Upper Cana- 
da, which was over £1,000,000, should be 
paid by both provinces, although Lower 
Canada was free from debt. 

The English parliament passed the bill 
for the union of the Canadas in July 23, 
1840, as it was drawn by the minority. 
The debt of Upper Canada was to be 
more than half paid by Lower Canada, 
which was free from debt and in a pros- 
perous condition. The great London 
bankers, at the head of whom were Bar- 
ing Bros., owned the bonds on Upper 
Canada and used their influence to bring 
this about. Some in the House in Lon- 
don made a greater opposition, because 
to their minds it was not just to the 
French, although it was a curb to the 
Catholics. The bill became a law that 
same year, annulling the constitution of 
1791, and making English the parliament- 
ary language of the union. The English 
Lords had voted for the bill simply be- 
cause all classes had demanded it and the 
bankers had declared that Upper Canada 
could not pav its indebtedness to them, 
unless secured by the revenue of Lower 
Canada. This was the chief influence and 
it was partly an influence of commercial 
spoliation brought on by democratic ex- 


UNION— (1840-2>. 

The Crown had triumphed in the trou- 
ble of factions in 1840. The union of 
two provinces was proclaimed Feb. 5, 
1841 The purpose of the union was to 
break the democratic influence and to 
unite the French and English races in onp 
nationality. The French population of 
Lower Canada was 697,000. of whom 
572.500 were Catholics. There were 04 
colleges and 1500 inferior schools in 
which 57.000 children were instructed. 
There were 76.000 proprietors and 113.- 
n00 dwellings, proving that nearly every 
family of five persons each had a home. 

The Crown had missed its opportunity 
of establishing a natural government. 
The course whi>h events were taking un- 
der direction of democratic farlions and 


oligarchic cabals on both sides of the At- 
lantic left Canada like a fruit orchard 
without a fence. 

There were no distinct party lines in 
natural position. Party lines were drawn 
according to expediency and tbe questions 
of the moment. The country had not 
progressed far enough, as a unit, to have 
a settled policy of trade relations. There 
were no precedents established from 
which to draw principles for diplomatic 
instruction, There was no public history 
to adhere to, except what was furnished 
by the French and loyalists. The coun- 
try, therefore, had no national character 
at this time, outside of being a part 
of the British Empire. The French in- 
habitants to whom there were historic 
recollections, were treading on a new po- 
litical arena, and that arena to the Eng- 
lish inhabitants received its enlighten- 
ment from across the sea. 

Patriotism, under these conditions, 
could be expected of no party. Public 
sentiment was undeveloped. What ele- 
gance of manner there was, was among 
ancient classes. Principles of hospitality 
were also esteemed by them. In the 
Province of New Brunswick, the private 
letters of Gov. Head, of Upper Canada, 
who had travelled there, describe the peo- 
ple of St. John as ieno.ra.nt. supersti- 
tious and drunken. The most enterpris- 
ing of the inhabitants of Upper Canada 
were of the strict business character 
that, in later times, has characterized 
everv stirring place in the western world, 
—a character without sentiment or ideal- 
ity. Literary activitv, however, pro- 
gressed • in some places. The arts and 
sciences received the genius of a people 
that before was employed in warfare and 
statecraft. These places became the fos- 
tering seats of idealism and suggestion- 
two lights that guide the world onward 
through the darkness of the ages. In 
such society is retained the memory of a 
worthier past and that elevation of 
thought and expression which only such 
memories can cause to exist. 

In the Maritime Provinces, except; 
among the loyalist families, everything 
was different. As early as 17liO notices 
of the sale of public lands drew settlers 
from New England. The descendants of 
most of these settlers preserve the ori- 
ginal Yankee traits, somewhat softened 
by polite intercourse from nobler colon- 
ists and in some places veneered bv high- 
er education. But for the greater num- 
ber, the appreciation of the ancient names 
and glory of those who lived thero before 
them is nil. 

As for these original YanKee character- 
istics, as they existed in I\ew England 
when Chevalier Commissioner of France 
to the United States wrote in 1823 his 
celebrated letters on that country, he 
describes them thus : : " The Yankees 
are cold, cautious, suspicious of strang- 
ers, boastful of the tricks employed in 
trading to cheat the unwarv, and al- 
ways looking out for the " main chance." 

Ever since the conclusion of the Treaty 
of Peace between Great Britain and the 
United States of Ameica in 1783, there 
has been manifested a desire on the pari - 
of the northern element of the American 
populace to encroach on the British pro- 
vinces to the north of them. The chart 
of agreement, fixing the boundary be- 
tween Maine and New Brunswick had 
never been fully drawn, but it exhibits 
the extravagant pretention of the poli- 
tical mind of America when, in this mat- 
ter, it is declared that after the affair 
had been left out to arbitration in 1831 
to the King of the Nether lands, the U. 
S. politicians were not satisfied.. 

They proved their inability to perceive 
the obligations under which thev were 
to respect their own agreement. 

This .trouble about the boundary was 
exasperated by the Yankee claim, in spite 
of what had passed to a " Right of way 
across New Brunswick to the St. 1 <aw- 
rence, and all the land of New Brun- 
swick west of the St. John River." 

Great Britain very properly refused to 
entertain such a proposal. At last the 
mask fell from this ridiculous bluster and 
the United States were obliged to settle 
the dispute by an agreement with Eng- 
land fixing the boundary on the St. 
Croix River, but taking in the Aroos- 
took valley above it. This treaty was 
signed in 1842 bv Lord Ashburton on 
the part of England and by Daniel Webs- 
ter on the part Qf the United States. 
Many have blamed England for making 
anv concession whatever and giving up 
the fertile vallev of the Aroostook to 
the rapacity and trickery of the United 

Upper Canada had increased in popula- 
tion and wealth to a marvnllous ox tent. 
Before 1770 no city existed within its 
confines. In 1791 the population did not 
exceed 50.000. But in 1840, at that time 
of the union, it surpassed 400.000. A 
great part of the immigration had been 
drawn from Europe and was attracted bv 
the fertility of the land and the com- 
parative mildness of the climate. 

Like as in Lower Canada, the upper 
branches of the Legislature beoame con- 


trolled by an organized body of politi- 
cians who neglected all other employ- 
ment but that or scheming to get othce 
and afterwards to keep it. The policy 
which these politicians framed among 
themselves for mutual profit is known 
in history as the ,l Family Compact." 
The members of the oligarchy were op- 
posed, by another set of professional po- 
liticians who based their advancement on 
the approval of the people, while the for- 
mer sought that of the Governor and 

The " Liberals," as this opposition was 
called, in order to find favor with the 
people to get the people's votes, sug- 
gested certain measures of so-called " He- 
form," which only meant that it would 
lead to the dismissal of one oligarchy 
and the substitution of themselves as an- 

When Papineau and his fellows rebelled 
in Lower Canada the chief of the Libe- 
rals in Upper Canada. Mackenzie, in de- 
spair at accomplishing his purpose by 
peaceable means, took to arms in 1837- 
40 and acted in conjunction with the in- 
surgents of Lower Canada. 

When the union was established, both 
provinces were represented in a Legisla- 
tive Council bv ten members, each ap- 
pointed for life and in a House of As- 
sembly by forty-two deputies elected by 
the people for four vears. The qualifica- 
tion to be a deuutv was possession of 
property valued at £500. A permanent 
civil list of €45.000 was established to 
pav the salaries of the governor and 
judges, and another of £30,000 for the 
hire of public functionaries during the 
life of the King. The position of the 
capital was left to the choice of the first 

It is necessary to add that the British 
government, from this time forward, de- 
termined to treat the democrats in a 
manner that would bring them to terms. 
The same representation was given to 
rive towns in Upper Canada whose com- 
bined population was 15,000, that was 
accorded five counties in French Cana- 
da, whose population was 153.000. 

Upper Canada had, at this time, a Ca- 
tholic diocese at Kingston and an An- 
glican diocese at Toranto. 

There was neither telegraph nor rail- 
way in this vast domain, but fifty news- 
papers assisted to disseminate the news. 

On the 13th February, 1841, Lord Sy- 
denham, the Governor, organized his min- 
istry of five members consisting of an 
attorney-general, president of the Execu- 

tive Council, a receiver-general, a pro- 
vincial secretary and a solicitor-general, 
chosen from Upper Canada, and an at- 
torney-general, provincial secretary and 
solicitor-general taken from Lower Can- 

Most of these ministers were not of 
the party that favored the French. After 
the l!Jth of February, therefore, when the 
election briefs were issued, the French, 
of Lower Canada, assembled under the 
direction of Nelson and Morin, to draft 
a programme of procedure. They de- 
cided to elect as representatives only 
those who disapproved the union, and to 
oppose the levy of taxes and the employ- 
ment of public money by the government 
without the consent of the people. 

Now, there was a Liberal party of the 
English in Lower Canada whose politi- 
cians sought an alliance with those of the 
same napkin in the upper division and 
sometimes approached the French in the 
fights to have the elective branch con- 
trol, and sometimes united with the Con- 
servatives against the Catholics 

Lafontaine, at Terrebonne, addressed 
the Liberals in 1841 in these times, which 
show their purpose : " In America, the 
greatest benefit that the inhabitants en- 
joy is social equality. Besides social 
equality we wish political liberty. 
There can exist in Canada no privileged 
caste outside the mass of its inhabit- 
ants. One may create titles one day and 
the next the children will drag tffem ifi 
the mud. . . The means of obtaining 
this political liberty is the sanction of 
the popular will to the making of the 
law ; it is its consent to vote the im- 
post and apply the expense ; it is its 
participation in the action of the gov- 
ernment ; it is its effective and " consti- 
tutional " control over the administra- 
tion—it is, in fact, the making of gov- 
ernment responsible." 

A speech like this was license run 
mad. In the history of democracy it is 
the same the world over, the entrails and 
excrement of the state demand to rule 
the head. On the gift of political enual- 
ity to the inhabitants of a country, there 
are speedily found to exist various grades 
of social inequality founded on different 
stages of evolutional advancement in the 
population. There are three of these 
grades. First is the ethical class, to 
which belong those who cultivate them- 
selves and their irenerations. With them 
are faith, character, fortitude, glory of 
tradition. Thcv are natural leaders, the 
cement of the state, without which the 
state would fall to pieces and drop into 


ruin. Secondly, are those who cultivate 
their material possessions. They con- 
stitute the wealthy class of the countrv. 
They esteem money first. A man with- 
out wealth in their sight is of no value. 
They sacrifice everything of less esteem 
for the sake of gold. Honor and faith 
are strangers to their scheme of life and 
are foreign elements in their societv. Yeti 
their society contains many who have 
certain mental accomplishments, and it 
is noted for the elegance of its display 
and the costly dwellings which its mem- 
bers possess. Thirdly come the people, 
commonly so called, who cultivate neith- 
er themselves nor their material posses- 
sions, but who live carelessly from day 
to day on the toil of their hands. as 
clerks, artizans and laborers, and who 
spend their surplus wages in attempting 
to imitate the fashion of the wealthy, 
whil° enjoying their wealth. 

It happens, then, when political equal- 
ity is declared in a cduntry, that, as 
the great majority belongs to this third 
class, that ma J ice leads them to com- 
bine against the others. But. as they 
are the employees of the second class, 
which does not differ from them in per- 
sonal traits, and which shares their ha- 
tred for the historical society of the 
commonwealth, the first endftavor made 
is against that class by these two com- 

Under these circumstances this third 
class finds that it has a political supe- 
riority by number and combination, over 
a class that has a social superiority by 
character. Malice fills its members with 
a desire to go to work immediately to 
insult, reduce and bring to ruin 'those 
whom it could not reach before. 

The rich are pleased at this, , for then 
they will be first, while, so long as they 
have the means of employing the people, 
at large, and buying up the itinerant 
vote of the countrv. thev are willing 
that the demagogues of the people shall 
act as governors, since thev do so at the 
bidding of the millionaires and in their 
interest, to whose service thev are 
pledged directlv. 

In Canada, politicians of this descrip- 
tion were early assisted by the jealousv 
of the House of Hanover at creating he- 
reditary sittings in the upper chamber, as 
were provided by the constitution of 1701 , 
and by the refusal of the same govern- 
ment to fulfil its duty towards the 
French nobility in Canada, as it had pro- 
mised by the treaty of 1763. 

The efforts at recognizing the aspira- 

tions of the colonists after those things 
that " do not perish with the using" — 
after the insignia that preserves the me- 
mory of ancestral fame— which the Stu- 
arts made in the Carolinas, Virginia and 
the King of France in Canada, Acadia 
and Louisiana, were stifled by that igno- 
minious faction which has been fostered 
and encouraged in Britain, and which is 
part and parcel of the heart, faith and 
stomach of the democracy. 

The result was that ' the Crown has 
neglected to supply itself with a prop 
against the turbulent democracy at 
home and to protect merit in the admin- 
istration of affairs abroad. 

For the representation of merit a se- 
parate house was devised in every con- 
stitution, hut in no practice has the con- 
stitutional obligation been fulfilled. In 
the House of Lords, in England, that was 
set apart for the admittance of those 
whose merit in art, science, history and 
warfare had endowed them with titles 
of renown, there sit men who owe their 
position to the fact that they have brew- 
ed great quantities of beer, or erected 
many cotton mills, or built a line of 
railroads or a fleet of ships. There is 
nothing to distinguish them from the un- 
titled millionaire. Their lives are not 
free from the taints of avarice that be- 
long peculiarly to the unmannerlv rich. 
It is for this reason that the House of 
Lords has proved its unconstitutional 
elements and forfeited its charter of ex- 
istence. The jealousv of the House of 
Brunswick aerainst the advancement of 
real merit is one cause for the decline 
of the peerage. Unwittingly it haR, 
through contrary practice, been under- 
mining its own situation. It is for these 
reasons that everywhere ethics are fading 
from human calculations as one by one 
the members of the ethical class, finding 
that the standard of life is against them, 
are falling out of existence. 

In Canada, in 1841, it was under such 
circumstances which were beginning in 
this description that the first election 
after the union took place. It was the 
policy of Lord Sydenham in this elec- 
tion to gain the Liherals who were con- 
stantly increasing in number, by pro- 
mises of position and favors. Tn Upper 
Canada, which was wholly English, he 
sought to weaken the established oligar- 
chy, and in Lower Canada to break up 
the French alliance with the English Lib- 

Bv introducing promises of office and 
position into politics. Sydenham caused 
to be forgotten what faint outlines of 


principle which were in the hearts of the 
leaders, and made the sole aim of their 
service to the gaining of the price of 
their aid. 

The 9th June, 1841, a Legislative coun- 
cil of twenty-four members was chosen, 
of which eight only were of French ori- 

The first parliament was opened by 
Lord Sydenham at Kingston, June 14. 

Kingston had been chosen as the capi- 
tal to show that the English power in 
Canada meant to rely on the loyalty of 
the English part of the province. It in- 
dictated to the French that faith in their 
loyalty had been shaken by the recent in- 

The very first opening of this parlia- 
ment was* characterized by Mr. Nelson's 
impeachment of the Act of Union in the 
name of the people of Lower Canada. 
He declared that it was accomplished 
without their consent and against their 
interests, and that it was maintaintain- 
ed by the disfranchisement of the French 
people. He concluded by declaring that 
he could not vote the address of the min- 

Mr. Baldwin, one of the ministers who 
had been appointed by the Governor be- 
fore the election, now that election had 
proven that the ministry belonged to the 
opposition in minority, weakened for fear 
of future popularity and resigned. The 
Solicitor-General Daly exposed bis con- 
duct in a light that was not verv fa- 

The wisdom of the new constitution 
was now beheld, because it enabled the 
Crown to make headway against the fac- 
tions. The union was voted by 75 against 

The first reminder the government had 
of the opposition was the discussion o r 
responsibility to the Legislature. Before 
1840 the Governor, sent to Canada bv 
the British ministry, was responsible, 
solely to that ministry that had com- 
missioned him. His council was composed 
of members appointed by him and ac- 
countable onlv to him. It was the free- 
dom of this council from legislative in- 
fluence and control which had excited 
the Legislature to revolt. After 1840, the 
Governor was obliged to appoint, at the 
head of departments in the colony, min- 
isters in accord, with the maioritv of the 
Legislature and responsible to it. 

This concession to the menaces of par- 
liament was conceded to be one step in 
advance of progress, but it is a pro- 

gress to the bottom of ruin. It en- 
ables the majority— composed as Carlvle 
rightly says, of mediocres— to crowd out 
of sight anv pressure of control of the 
wise minority. 

Mr. Buchannan, of the parliament, ad- 
dressed himself to the ministers of the 
colony, demanding after what manner 
they understood responsible government. 

Premier Draper replied, in the name of 
the administration. He said that ha 
would remain in the ministry only so 
long as he was able to give a conscien- 
tious support to the measures submitted 
by the Governor to parliament , that it 
was possible to have good government 
only when harmonv existed between the 
executive and legislature. It was the 
duty of the Queen's representatives to 
preserve this harmony, if possible. At 
the end of his discourse, however. Mr. 
Draper gave parliament to understand 
that he considered himself responsible to 
the Governor, rather than to the peo- 

Mr. Bosw T ell demanded of the ministers : 
<f If the ministers are not able to ob- 
tain a maioritv so as to cause the adop- 
tion of their measures, and they see that 
they have not the confidence of the re- 
presentatives, will they resign, or will 
they cause a dissolution of the House ?" 

The ministry wilted and declared that 
they would resign. The reply was ap- 
plauded by the House, for it showed a 
victory for responsible government. 

Reallv the expression " responsible " is 
misleading, when relating to control of 
the representatives over the cabinet. Are 
a set of demagogues elected to parlia- 
ment to represent factions in the com- 
munity, where members are mostly com- 
posed of people without tangible interests 
when universal suffrage is the rule, more 
responsible than the Crown with all the 
hereditary interests of the Empire at 
stake ? Truly, words are accepted with- 
out a knowledge of their application in 
the vocabulary of those who live bv 
words alone. 

To celebrate the victory of the Legis- 
lature the following resolutions were 
drawn up as a basis for further opera- 

1. " The most important of the politi- 
cal rights of the people of this province 
is ta have a provincial parliament for the 
protection of their liberties, to exercise 
a constitutional influence over the execu- 
tive departments of government, and to 
legislate on all matters of internal gov- 


2. " The head of the executive govern- 
ment of this province represents the Sov- 
ereign and is solely responsible to the 
Imperial authorities, but local affairs can 
be conducted by him only through offi- 
cers subordinate to the Legislature." 

3. " In order to maintain harmony be- 
tween the different branches of govern- 
ment, the principal counsellors of the 
Sovereign's representative must be men 
who possess the confidence of the repre- 
sentatives of the people." 

4. " The people of this province have 
the right to see that the governmental 
authority be employed according to their 
views and intents." 

It was during this session of parlia- 
ment that over £1,500,000 were voted 
for public improvements, mainly for na- 
vigation on the St. Lawrence, for the 
Welland, Cornwall, Lachine and Burling- 
ton canals and for public roads. 

There were movements against the 
rights of seigneurial tenure, showing that 
nothing comes amiss that breaks down 
distinctions of classes. 

There was established, besides, a com- 
mission to control elementary education 
of the public sort. The commissioners 
were to take schools under their control, 
name the instructors and frame a code 
for their governance. Every school dis- 
trict was to have a share of the school 
fund and to transmit a report annually 
to the superintendent. Of the £50,000 
accorded, £30,000 were set apart for 
Lower Canada. Each district was oblig- 
ed to assess itself for an amount equal 
to that granted to it by the govern- 

This organization of pubic schools gave 
alarm to the Catholic clergv who beheld 
the chief seat of their authority to be 

Several modifications were made to fa- 
vor the Catholic clergy, whose good will 
the government has always thought it 
necessary to retain, because of their in- 
fluence over the people. Besides, if it 
were clearly proven to them that they 
could expect no more from the; British 
rule in Canada than from the govern- 
ment of the republic of the United States 
thev would become annexationists and 
lead the bulk of the Catholics with 

But a review of the educational svs- 
tem, as it has existed under Catholic 
and Protestant dominion is needed before 
the matter can be understood. 



Sir Charles Bagot was named to suc- 
ceed Lord Sydenham as Governor, and 
arrived at Kingston Jan. 11, 1842. In 
his address to Parliament, he observed 
that the French in Canada had not had 
that sort of representation which corres- 
ponded to their deserts. He proceeded to 
fill some of the higher positions accord- 
ing to his views. Vallieres was named 
chief judge of Montreal, the highest posi- 
tion yet filled by one of French origin, 
under English administration. 

Under the gentle hand of Bagot the 
Liberals came into power during the elec- 
tions of 1842. Fontaine was made At- 
torney-General of Lower Canada ; as a 
consequence of this, and Baldwin of Up- 
per Canada. 

The first act of the Liberals, so soon 
as they arrived to power, was to at- 
tempt to strengthen their situation. In 
discussion of the Governor's address, Dra- 
per remarked that, " Since the union had 
become an accomplished fact, I have al- 
ways been profoundly convinced that the 
principles at its base cannot be observed, 
so long as a great part of the popula- 
tion are excluded from public affairs." 

Fontaine followed, in which he said the 
French had been " horribly treated by the 
Act of Union." He continued by de- 
claring that he believed the Governor 
would render justice to the French Cana- 

To show the return to favor of the 
French inhabitants, another act gave 
electoral franchise to the neighboring dis- 
tricts of Montreal and Quebec. The same 
vear witnessed the return of the Jesuits 
to Canada. 

Sir Charles Metcalfe succeeded Sir 
Charles Bagot as Governor of Canada 
March 29, 1843. 

The Conservatives employpd all their 
influence to obtain the dismissal of Bald- 
win from the Attorney-Generalship of 
Upper Canada. Thev could not endure a 
man whose political principles were so 

The Liberals of Lower Canada be?an 
to employ themselves, this vear again, 
as of old, to obtain the abolition of the 
Seigneurial Order. Thev did not quite 
nerceive the illogical effects of their con- 
named in the Treat v of 1763. to which 
thev annealed so often for the preserva- 
tion of their language (French) and their 


religion (Catholic.) By declaiming 
against the rights of the seigneurs they 
were undermining their own constitu- 
tional claims. For it is the same treaty 
that protected all. 

When Gov. Metcalfe opened parliament 
in 1843, he called the attention of tne 
houses to the amelioration of the judi- 
ciary system, of the jury laws, and the 
laws of municipalities and education, lie 
informed the Canadians that the British 
Parliament had done what it was able 
to introduce wheat and corn from Cana- 
da by reducing the duty. 

Sir" Allan Napier Macnabb, M.P., com- 
plained that the former rebels were fos- 
tered by the government, while the loyal 
people were passed by with indifference. 
But it is ever so with popular forms of 
government. So long as a vote can be 
gained the loyal are neglected, while all 
powers are put forth to coax the dis- 

But affairs were destined to be carried 
into Lower Canada, for Montreal was 
chosen as the capital, and government 
was removed there the same year. 

The Catholics, who had been constant- 
ly making gains in the government, pre- 
pared in 1843. a daring measure, which 
was adopted bv a great majority in par- 
liament, and this was a law to destroy 
all secret societies. This was aimed es- 
pecially at the Orange lodges. The royal 
government refused to sanction it, how- 
ever. Had it passed the Masonic Order, 
as well as the Orange associations, would 
have felt the outpouring of the long-pent 
up wrath of the Catholics. 

A law was passed abolishing imprison- 
ment for debt and another establishing 
the common school system in Upper Can- 

Gow Metcalfe believed that the govern- 
ment must be endowed with some com- 
prehension of power in the use of which, 
he should not entirely be subservient to 
his ministry. Tie made therefore several 
public nominations without consulting his 
council. The ministry protested. But he 
maintained that if he listened to his 
council he would be obliged to exercise 
the patronage of office, exclusively for 
their party purposes, while it was his 
own wish to advance men who were hot- 
ter qualified to render service to his coun- 
try without regard to party. " He was 
astonished to see this question attributed 
to a supposed difference of opinion on 
the theory of responsible government." 
He claimed that he was not obliged to 
consult his ministers in regard to nomi- 
nations for public charges, w T hich would 

degrade the character of his office and 
the royal prerogative. 

The Fontaine-Baldwin ministry finding 
the governor firm in his position, were 
obliged to send in their resignation. It 
was said in support of the ministry that 
" as the Governors were strangers in 
this country, they could not be able to 
tell an able man without consulting their 
ministers." l'.) The Governors had yet 
to learn that it is not service to the 
country that is demanded of oilicers, but 
service to the party in power — an inevit- 
able result of party rulership, 

December 16, I.S43, a new combination 
was formed, Viger and Draper taking the 
{daces of Fontaine and Baldwin. Daly 
was added afterwards, making a triumvi- 
rate as a provisional council. 

The British government sustained Met- 
calfe's position in regard to affairs and 
he received felicitations from the Houses 
of New Brunswick and Nova Scotia. Af- 
ter nine months' struggle with the poli- 
ticians, Metcalfe organized a ministry, 
Sept. 3, 1844, consisting of D. D. Viger, 
President of the Executive Council ; .fas. 
Smith, Attorney-General for Lower Can- 
ada, and W. R. Draper, Attorney-General 
for Upper Canada. 

Sept. 23rd he dissolved Parliament and 
ordered a new election. 

Two parties were formed : first. Con- 
servatives and some of the best French 
who favored the Governor and Crown in 
the endeavor for good and unpartizan 
government ; and the Liberals, who in the 
name of the people agitated for a fac- 
tional representation in the ministry and 
civil service to be held by professional 
politicians in payment for election work. 
The result of this election was the tri- 
umph of the Crown in Upper Canada and 
of the politicians in Lower Canada.- 

The first session of the second pari'ia- 
ment was opened at Montreal. Nov. 28, 
1844. Sir Allan N. Macnabb was chosen 

One of the chief, acts of this session 
was the granting of municipal privileges 
to each parish or township which was to 
he ruled bv seven selectmen voted for hy 
tho inhabitants of each parish or town- 
ship. This was verv plea sin? to the 
French, because it enabled them f o con- 
trol their local affairs after their own 

On March 29 the Legislature was nro- 
rogued. During th's +imf\ on account of 
the manner in which the Crown hari 
caused the principles of true government 
to prevail, the fugitive press, especially 
in Lower Canada, began to discuss whe- 

4 6 

ther it would not be better to have a 
separate government for each province 
under a single administration. This 
would give the Liberals unqualified con- 
trol in Lower Canada. 

Lord Metcalfe left Canada in 1845 on 
account of failing health, consigning the 
government to the commander-in-chief, 
Gen. Lord Cathcart, who was named 
Governor-General March 16, 1846. 

At this time England and the United 
States were troubled by disputes con- 
cerning the limits of the Oregon terri- 
tory. English colonists were long settled 
there before the first American face was 
known in that country. The Hudson Bay 
Company had established fortified posts 
along the banks of the Colombia River, 
and its employes were engaged in the fur 
trade and fisheries with the Indians. 

In 1818 a treaty had been signed be- 
tween the United States and Great Brit- 
ain to regulate the northern boundary 
and the joint occupation for 10 years. 
Another treaty in 1827 was made con- 
firming the first for an indelinite pe- 

One of the first acts of the government 
of President Polk of the United States 
was to break this treaty by claiming 
ownership over the whole territory. Great 
Britain was notified that the treaty of 
1827 had been abrogated by the United 
States. It was not a question of justice 
or honesty with the United States. Such 
questions with such governments are 
evidently too puerile for consideration, 
but it was for political expediency and 
popularity of the administration with 
the great bulk of the American people. 

England was not disposed to abandon 
the country without a struggle. But as 
a preliminary, she proposed to divide the 
territory by the Colombia River, leaving 
the navigation of that river open to both 
parties. The United States government 
at first relused these terms, but the game 
of bluff not succeeding, the terms were 
accepted finally in the summer of 1846. 
James Buchanan, Secretary of the Unit- 
ed States, and Richard Packenham, Roy- 
al Privv Counsellor, were named to re- 
gulate this treaty. 

Parliament was convoqued again March 
20, 1846. The first attack of the Lib- 
erals on the ministry was directed to- 
wards an inquiry into the correspondence 
which had taken place between Mr. Dra- 
per and Mr. Caron, in which the former 
had made to the latter to gain his con- 
sent to join the government party. Caron 
had refused, but the persistence in which 
the Liberals made their demand for the 

correspondence, showed at once the sus- 
picion they entertained of the good faith 
of the government and the pettiness of 
their views. 

One of the first laws prepared was for 
establishing a permanent civil list. This 
list was to replace that ordered by the 
Imperial Government at the time of the 
union. For the first time, now, the local 
parliament had control of the revenue. 
It was passed in England bv the 11th 
and 12th Victoria, Chapter 61. The 
clause proscribing the French language 
was abrogated at the same time. 

The property of the Jesuits, a source 
of long standing contention was regu- 
lated by a law which provided that their 
annual revenue of £5,500 should be ap- 
plied to education in Lower Canada. 
They were applied to Catholic and Pro- 
testant establishments impartially. But 
this raised a great cry among the Cath- 
olic clergy who declared that the proper- 
ty had been given by the Kings of France 
to be employed for the education of 
French Catholics and for the propaga- 
tion of the faith among the savages, This 
outcry, however, was of no avail. 

Great sums of money were voted to 
give contracts to political hangers-on for 
canal openings, bridges and highways, 
which brought the debt of the province 
to near £100,000,000. 

Two addresses were forwarded to the 
British government ; one asking that the 
mails be made fortnightly instead of 
monthly, and the other, to admit Cana- 
dian products to British ports free of 
duty, and to demand of the United States 
that the same favor be observed towards 
Canadian imports as were allowed those 
of the United States in England and Ca- 

Parliament then adjourned, the 9th 
June, 1846. 

The next year, Jan. 30, 1847, the Earl 
of Elgin came over with the appointment 
of Governor-General, although his ap- 
pointment dated from Sept. 16, 1846. 

From Elgin's administration begins a 
ilew epoch in Canadian history. Before 
his time, the Governor had conceived 
himself to have been an arbitrator sent 
from England to act in behalf of the 
Crown in such a manner as to prevent 
the stronger party from oppressing the 
weaker. In order to do this, all the gov- 
ernors had claimed a liberty of action 
and a freedom from the control of the 
majority in parliament which were com- 
patible with their functions. But from 
his first entrance into power Elgin began 
by flattering the majority and conceding 


to the majority in parliament absolute 
control over the cabinet — in other words, 
over the advisers of himself. From this 
epoch the Governor seems to be the sec- 
retary to the majority in parliament. 
There is no curb to its excesses, now 
that the restraining influence is deprived 
an utterance. A minority in Canada, like 
a minority in France or the United 
States, has no rights which the majority 
is bound to respect. 

Elgin was led into this course of con- 
ceding to parliamentary demands for the 
control of the ministry, by a falacious 
analogy drawn by subtle politicians be- 
tween the British Crown and Parliament, 
and the representative of the Crown and 
the Parliament in Canada. 

Now, whatever power is coercing the 
Royal Government, absorbing the royal 
prerogatives and destroying the element 
of personal authority, parliament had ob- 
tained in England, did not apply to Ca- 
nada at all. The Crown had interests in 
Canada that the British parliament could 
never hope to obtain. A time was ap- 
proaching when the Crown, at least no- 
minally, was to be recognized as the 
head of government in Canada long after 
every authcrity which the British Parlia- 
ment had claimed, had faded away. But 
a nominal claim is nothing unless en- 
forced, and it cannot be enforced by 
those who are only nominal sovereigns 
at the seat of empire. 

The only virtue a monarchy can boast 
over a republic, is when the king is the 
arbitrator of national differences, and has 
power enough to form his own council 
and restrain the domineering tyranny of 
a majority in parliament. When the sov- 
ereign— w^o ought to be a man— is lack- 
ing in thrs central strength, the mon- 
archy is lost in reality, the minority is 
oppressed, ethical considerations are 
kicked out of sight and corruption and 
loud-voiced faction strike hand in hand 
over the country. But all these things 
are nothing to the evil effects that are 
sown in the race ; that generations yet 
unborn, reproduce until, in the disrup- 
tion of classes based on ideal standards, 
the breaking up of casts that mark the 
stages of evolutional advance, there is a 
reduction to chaos, and one more empire 
is added to those which have desinte- 
grated in decay. 

Lord Elgin opened his address to Par- 
liament in 1846 by the following words : 
"The power of self-government, with 
which your constitution has so largely 
endowed you, has been accorded by wise 
motives, to give the people a salutory 

influence over the administration. . . If, 
unfortunately, this power is employed to 
the ends of faction and personal ambi- 
tion, the efforts of the Governor-General 
for the good of the province will be of 
no avail." 

Thus, Lord Elgin seemed to foresee the 
inevitable effects of popular government. 
But he went on in the path he had chos- 
en to follow, conscientiously and without 
hesitation. Step by step he abandoned 
disputed positions of prerogative to the 
onward rush of democracy. 

As the Catholic democracy or Lower 
Canada formed the majority, he offered 
to Morin and Caron, two of their lead- 
ers, positions in the ministry. But they 
refused because the ministry was not 
wholly of their party. And in the session 
of 1847, Elgin changed the cabinet to be 
more in accord with the majority. The 
chief members were Sherwood and Daly. 

From this time forward Lord Elgin 
continued to hold himself passive, and 
allow majorities to take the initiative 
and shape the channel of events. He 
awaited patiently the result of the strug- 
gle between factions, that were animated 
in their zeal by thoughts of office and 
salary and cheap renown. .June 2, 1847, 
he opened the session by declaring that 
the British Parliament had abandoned to 
the province control over the postal de- 
partment and that " a law had been pass- 
ed conferring on colonial legislatures the 
right of repealing differential duties im- 
posed in the colonies in favor of British 

The ministry not yet being in accord 
with the extremely democratic views of 
the Liberals, now was attacked, especial- 
ly by Baldwin, who declared that the 
boast of its members was that they "had 
sacrificed their country, but they had 
saved the ministry." No doubt Mr. Bald- 
win meant by " country " the politicians 
of his own party, since in the name of 
patriotism they claimed, from this time 
forward, the whole country as their pa- 

Caley Gowan. J. H. Cameron and J. A. 
Macdonald replied. They attacked the 
political character of the Liberal leaders 
and especially that of Baldwin, whose ef- 
forts to make himself elected from the 
district of Rimouski had an unsavory 

Mr. Nelson concluded with a last as- 
sault on the ministry. He claimed that 
the French were not sufficiently repre- 
sented. He proposed a series of resolu- 
tions denoting lack of confidence in the 
government. These resolutions enumer- 


atetl the stipulations made with the 
French tor the preservation of their in- 
stitutions and laws, and reprobated the 
Act of Union as the culmination of in- 
justice. He failed to mention, however, 
that the Catholic democracy was the 
first to attack the stipulation of 1763, by 
the crusade against the clauses that se- 
cured the seigneurial rights. The resolu- 
tions were negatived by only one vote, 
and that by the presiding officer. 

One of the measures of the ministry 
was combatted with great vigor by the 
Liberals. This measure was to exempt 
the proprietors of Crown lands from lo- 
cal taxation, they already paying an im- 
perial tax. But the crusade against the 
royal power stopped at nothing. 

England informed the colony that the 
policy of free trade was inaugurated in 
the British Isles, and that duties on Ca- 
nadian products were removed. At the 
same time the Canadian legislature de- 
manded that the navigation of the St. 
Lawrence be open to all nations, which 
was accorded in 1849. 




Now another vista of a different direc- 
tion was opened to Canada. The Can- 
adian parliament could cause merchan- 
dise, to be imported and products to be 
exported on whatever terms might suit 
the majority of the representatives 

Canada made a proposal in 1849 to the 
United States, as result of this newly- 
fledged prerogative, to found a system of 
free exchange of commodities. A commer- 
cial arrangement was made between the 
two countries, called the Law of Tran- 
sit, under cover of which goods of one 
country might be transported through 
the other to be shipped for Europe or 
some place beyond seas, free from impe- 

Tn 1847 Earl Grey, Minister for the 
Colonies, had suggested a scheme for the 
union of all the British American Pro- 
vinces with a common system for reve- 
nue, post and public works. 

Corporations were beginning to spring 
ud. Besides the several political corpora- 
tions, or parties, formed to enable their 

members to hold and transmit political 
authority, the legal profession became or- 
ganized in 1849, and in 1850 the physi- 
cians were enrolled as a corporate body. 
Corporations for the working of mines and 
ior the construction of telegraphs follow- 
ed. A line from Quebec to Halifax was 
completed in 1851. Generally tnese com- 
panies of wealthy citizens seize on these 
public concerns under weak governments, 
and the only benefit the common people 
derive therefrom is as laborers, in the 
employ of the rich and under their direct 

Lord Elgin began to perceive the error 
of his course in following this lead of 
democratic instructors. He saw public 
affairs in the influence of partizans witn- 
out capacity or honor. He wished a 
more reliable ministry and he dissolved 
parliament before the date fixed by law. 
The election briefs were ordered for Jan. 
24, 1848. 

Democratic furore was agitating the pro- 
vincial mind to absurd and violent en- 
deavors. The Liberals triumphed. In 
Lower Canada the old politician. La Fon- 
taine, had Holmes for companion in nis 
success, while Upper Canada sustained 
the pretention of the scheming Baldwin. 

Lord Elgin, entangled in the net of his 
own weaving, summoned the third parlia- 
ment Feb. 25. 1848. The chief ministers 
were La Fontaine and Baldwin. 

Papineau proposed the abolition of the 
union. Similar proposals were the fruits 
of the democratic programme of dissolu- 
tion. Democracy needs a curb more tnan 
royalty, that has but one head. Dem- 
ocracy, by the Greeks, was called tne 
Hydra-Headed Monster. It has manv 
heads, and each head has a scheme and 
a voice, two hands and two feet. but 
they all have between them onlv one 
body, that does all the work for their 
nurture and support. This great body 
is the people at large, without brains or 
volition apart from the heads, and the 
heads which are parasites that, in the 
end, multiply until they destroy the 

On account of the former hieh tariff 
which the manufacturing corporations, re- 
presented in Parliament, had imposed, a 
great number of the French employed in 
agriculture had left the country and set- 
tled in the United States. A committee 
of inquiry into the causes of this move- 
ment "showed that more than 20.000 had 
exiled themselves. Prices of goods in 
Canada, under the protective tariff being 
so great as to impoverish the poor to 
further enrich the wealthy. 


Now Papineau separated from the dem- 
ocracy and attempted to form a mixed 
party free from the control of religious 
sects and inclined to the American mo- 
del of government. 

The most remarkable session of par- 
liament was that of 184y, commenced 
Jan. 18. Lord Elgin inaugurated the 
establishment of the French language in 

Papineau immediately brought to the 
front the idea which had been illuminat- 
ing in his brain for years. He declared 
that there were defects in the Canadian 
constitution ; that a more liberal one 
alone could remedy. He believed that an- 
nexation would be inevitable when the 
Canadians had piogressed far enough to 
appreciate the " inestimable blessing " of 
the United States constitution. 

He complained of the property qualifi- 
cation required of the deputies before they 
were eligible as candidates, saying that 
such a qualification gave the parliament 
over to the control of the rich. He called 
attention to the United States where, he 
said, no such qualification had been 
brought into existence. At this time, in 
the State of Rhode Island a property 
qualification was required even for citi- 
zenship, and a still higher qualification 
in Virginia, South Carolina and some 
other Southern States. Besides, he failed 
to consider that government consists of a 
collection of powers to be exercised, not 
only over the lives of the citizens of a 
country, but over their property as 
well. If people are allowed to share in 
the government who do not possess a 
share in the property of the state, they 
are not personally liable for any disas- 
ter to property, their mismanagement 
of affairs may cause. It is because the 
best economic administration, as well as 
to conform tto strict justice, that only 
those who have a share in the property 
of the state shall be called to adminis- 
ter over property and government, for it 
is by their income that government is 

Finally Papineau declared for democra- 
tic ideas and a constitution after the 
American plan. He proceeded, after his 
speech in parliament, to disseminate an- 
nexationist ideas outside, among those 
who were willing to be amused. 

The ministry presented a measure and 
caused it to pass, which provided for the 
free entry of articles of trade from the 
United States, in consideration for a like 
arrangement for the same kinds of arti- 
cles by the government of that country. 
The tariff was lowered in regard to all 

other commodities so that it amounted 
to but little more than 10 per cent. 

A project was passed by a great ma- 
jority to abolish the theological depart- 
ment of the Toronto University. This 
raised a great outcry and a howl of dis- 
tress from the clergy of the Anglican 
church. They denounced an institution 
that opened its doors to every science, 
but closed them on theology. But the 
" true inwardness " of the matter was 
that the clergy had been the exclusive 
proprietors of the revenue of that insti- 
tution, of which they saw themselves de- 

The finishing of the Atlantic and St. 
Lawrence Railway (Grand Trunk) was 
celebrated during this session. During 
this session also was brought forward a 
bill to appropriate money to indemnify 
those people who had lost property in 
the insurrection of 1838-9, either as par- 
ticipants, or as those suspected of sym- 
pathizing with the insurrectionists. 

This bill was opposed by Sir Allan Na- 
pier Macnabb and other Conservative 
chiefs, but it passed and received the 
sanction of Lord Elgin. 

The loyal party were struck dumb with 
amazement at this condoning with rebel- 
lion and anarchy, on the part of the 
Queen's representatives for the sake of 
popularity with the Liberals. Then they 
were raised to action by the stimulus of 

On the 25th of April, when the Gover- 
nor, surrounded by his staff, issued from 
the Parliament House, after having sign- 
ed the bill to grant this indemnity, he 
was assailed by the howls of an indig- 
nant mob, emphasized by a shower of 
rotten eggs and stones. 

A meeting of citizens in the Champ de 
Mars was held the evening of the same 
day under the presidency of Mr. Moffatt, 
wherein a petition was prepared, to be 
presented to the British Government, 
praying for the recall of Elgin. The 
crowd surged again to the Parliament 
House. They entered the hall in great 
tumult. One of their chiefs, seated in the 
chair of the president, proclaimed the 
dissolution of the Liberal parliament. 
Then the torch was applied, and the edi- 
fice, with the records and library, was 
burned to a mass of ruins. The ven- 
geance of the mob was extended even to 
the private property of those Liberal 
leaders who dwelt in Montreal. The Con- 
servative papers encouraged their de- 
monstration in order that the attention 
of England might be drawn to the con- 


dition of the Liberal government of Can- 

Now there were several distinct parties 
among those united in this disturbance. 
There were some stern loyalists who de- 
spaired at breaking the power of democ- 
racy except by force ; tnere were some 
partizans of the manufacturing oligarchy 
whose revenue had been diminished by 
the free trade policy of the administra- 
tion, who were unwilling to witness its 
continuation ; finally, tnere were the an- 
nexationists who wished to foster any 
broils which might breed discontent and 
anarchy as agents to their scheme. 

The morning after, the parliament re- 
assembled in the hall of the Bonsecours 
market, where its sitting was continued 
several days, protected by soldiers, Sir 
A. N. Macnabb attacked the ministry in 
this sitting. He declared : " The min- 
istry has proclaimed that loyalty is a 
farce and insurrection is licensed. It 
now gathers the fruit of its conduct." 

When Lord Elgin approached the seat 
of government to receive the address of 
the Assembly, although escorted by a 
guard of cavalry, the mob recognized his 
presence by a flight of stones, which 
flight was continued until the mob were 
dispersed by the g,uard. In becoming «* 
partizan Lord Elgin merited a partizan'a 
treatment, and was rewarded by it. The 
friends of the government claim that his 
action was only constitutional to sup- 
port the ministry, when that ministrv 
was sustained by the majority in power 
The question follows what becomes of 
the rights of the minority, and why 
should the governor be appointed by the 
Crown if he is to be a secretary of the 
majority ? Is it not better to have the 
Governor elected by the majority, if he 
has lost the power of arbitration between 
parties ? 

The Colonial Secretary, Earl Grey in 
reply to the appeals of the royalists tor 
Elgin's recall, accenpted the responsibil- 
ity of all his acts, proving that democra- 
cy was rampant in England, or else that 
the British ministry did not understand 
the Canadian situation. 

In the British Parliament the motion 
of Mr. Harries praying the Queen to re- 
fuse her consent to the indemnity act, un- 
til she was assured that no person im- 
plicated in the revolt was to be indem- 
nified, was rejected by a great majority 
Mr. Harries was sustained by D'Israeli 
and Gladstone, but was opposed by Roe- 
huck, Sir Robert Peel and Lord John 

It was decided that Montreal should 

cease to be the capital on account of this 
disturbance and a double capital was 
chosen. Thenceforward parliament was 
to meet at Toronto and (Quebec, alter- 
nately each four years. The parliament, 
in Montreal was closed May 30, lUaU, by 
Gen. Rowan. Lord Elgin fearing to trust 
himself again before the Montreal mot>. 

During this year was founded a politi- 
cal association known as the " British 
League of North America." it proposed 
a union of all the provinces, a common 
system for the distribution of revenue 
and a protective tariff. It went so far 
as to suggest that the legislative council 
be elective and favored annexation to the 
United States. These latter considera- 
tions served to divide the members. The 
Imperialists withdrew, leaving the an- 
nexationists to continue their propagan- 

In the month of October these people 
published an address declaring that, even 
if England returned to her ancient sys- 
tem of protective tariff for Canadian ma- 
nufactures, with a federal union of the 
provinces, looking to their independence, 
and with a reciprocity of trade with the 
United States, that affairs would not be 
better. The remedy for all ills was de- 
claimed to be in a peaceable separation 
from England and an equitable union 
with the United States. Partizans of 
this scheme convoked an assembly in 
November and passed resolutions favor- 
ing this address. 

Thus it may be seen that the prover- 
bial ell is always taken by the democra- 
cy when the advising inch is granted. It 
should not be forgotten that the preju- 
dices of the world are engraved in brass: 
it needs a strong arm and a steel ham- 
mer under guidance of a firm will to re- 
move them. 

But the Canadians of 1849, as observed 
by Turcotte, the historian, were too 
shrewd to join the Yankee nation. They 
saw they would lose much. The provin- 
cials had already arrived to the position 
of self-government, had extended their 
commercial relations and controlled their 
own revenue and posts. With annexation, 
the Canadians would lose the direction of 
their own departments, which would be 
transferred to the United States Con- 
gress, where their deputies would have 
majority of the United States represen- 

Besides, the Catholic French, controlled 
bv the clergy, were opposed to the Unit- 
ed States, because no Catholic could 
hope to occupy a high position in United 
States affairs. 


Lord Grey instructed Elgin to resist 
every attempt made to lead to a separa- 
tion of the colony from the Empire. . 

The partisans of annexation claimed, in 
their turn, to have the right of agitating 
the subject, as a right incontestably con- 
nected with the right of public discussion 
of public measures for public benefit, 
little influence in opposition to the great 
When once free speech is given, the 
tongue must wag ! Those who belonged 
to this party in Lower Canada were 
known as " Liberal Democrats." The 
urccepts which they evolved were exces- 
sivelv radical. Universal suffrage they 
advocated as a necessary preliminary to 
electoral reform, and the disposal of all 
officers by the vote of electors flowed 
from it as a corallary in mathematics. 
As this party alienated the Catholic cler- 
gy by advising the abolition of tithes, it 
goes for nothing to say that they ruined 
their cause in the eyes of a population 
mostly Catholic. 

The third session of the third parlia- 
ment was held at Toronto, beginning on 
May 14. 1850. In his opening address 
Elgin announced the establishment of 
colonial credit in the English market. He 
suggested freedom of commerce between 
Canada and the Maritime Provinces, with 
regulations for a tariff and postal re- 
form, for augmenting the representation 
and for adopting the jury law in Lower 
Canada. He declaimed against annexa- 

One of the democrats presented an ad- 
dress to the House signed by several 
Canadians in the name of national inde- 
pendence, but the House refused to re- 
ceive it. Another, Holmes, spoke in fa- 
vor of annexation. A third, Boulton, 
proposed that the Legislative Council be 
made elective. 

Macnabb, John A. Macdonald, Sher- 
wood and Calcy were the champions of 
the Conservatives, and combatted with 
vigor the anarchist design of the demo- 
crats. Roulton, the younger, nephew of 
the preceding, a chimerical radical, pro- 
posed a ridiculous constitution to take 
the place of the one in use. It received 
the few votes of the party to which he 
belonged, proving the adage that popular 
representatives are compounded of birds 
of a feather. 

The legislature (Liberah attacked next 
the English church establishment, as be- 
ing one of the ties that bound the coun- 
try to England. 

Rv the constitution of 1791. England 
had set apart one-seventh of the Crown 
lands to sustain the Protestant clergy. 

The same act gave the governors power 
to establish rectories in the parishes and 
to allott them revenue from the Crown 
lands. Gov. Sir John Colborne was the 
rirst to use this power in 1836, when he 
set up fifty-six cures of the English 

At first, the Church of England enjoyed 
the whole of the benefit. The Scottish 
church, however, in 1840, obtained a de- 
cision of the judges that the revenue was 
to be applied to the Protestant church 
of all sects. From that time until 1850 
the various religious sects quarrelled over 
the distribution of the revenue to such 
an extent as to afford the politicians an 
excuse to propose a plan fur taking the 
money and using it for secular pur- 

Lord John Russell, while Rritish min- 
ister, had agreed to the demand of the 
colonists to let them settle the matter 
in their legislature. Rut the Earl of Der- 
by, who succeeded him in 1852, with bet- 
ter sense, refused to allow the province 
to interfere with the revenue of Crown 
property, or with its disposal. This put 
back the politicians until 1854, when they 
obtained the secularization of the church 
funds, which they used to subsidize con- 
tractors to hire men to work, and vote 
for them. 

Once set out in the direction of agitat- 
ing for popular applause, a party pushes 
the movement into extreme injustice and 
tyranny, grosser than that of the most 
unfeeling despot. La Fontaine brought 
forth his old measure of attack on the 
seigneurial order. He motioned for the 
nbolition of feudal tenure. At the same 
time Baldwin, his co-partner in schemes 
against the refined and cultured classes, 
Was maturing a plan to do away with 
hereditary holdings of estates in Upper 
Canada. There was no decision on La 
Fontaine's project this session, on ac- 
count of other affairs which were pressed 
forward into attention. The administra- 
tion of the mails received serious consi- 
deration and the rate for postage an let- 
ters was fixed at 6 cents per half ounce. 
-\ postmaster-general, Mr. Morris, was 
innointed (1851), with seat in the cabi- 
net. , 

Owing to the introduction of a free 
*rade policy, Canada was now in a flour- 
ishing condition. The wings and smoke 
of commerce were filling every breeze. 
Gven the annexationists abandoned their 
«dea for fear of losing the property which 
*vas coming with the color of gold. Rail- 
ways were being laid to connect those 
parts of the country to the coast, whose 


products were waiting to be carried to 
distant climes. Trade from the Western 
states flowed down the St. Lawrence and 
-ought an outlet at (Quebec to such an 
•extent that the Boston Globe of 1851 re- 
marked that " If this continues the re- 
sult, before long, will be disastrous for 
the commercial interests of the American 
Union." The Intercolonial Railway be- 
tween Halifax and St. John, in New 
Brunswick and to Quebec was commenced 
in 1851. The Grand Trunk was finished 
in 1853 between Portland, Maine, and 
Montreal. The connection oi commercial 
ues between the United States and Uan- 
uua was celebrated at Boston in 1851 by 
a festivity at which were present Lord 
Elgin and President Fillmore. Tonnage 
dues were taken off and ships were freed 
uom many other restrictions which had 
been imposed by heeuiess legislators. So 
tar as material prosperity was concerned, 
Hie country was entering a pleasant vis- 
ta, along which were the Iruils of mdus- 
vry increasing; as the journey was taken 



For half a century politicians had been 
endeavoring to rouse a hostility to the 
feudal holdings in the hands of the sei- 
gneurs. Every Liberal ministry from 
the first Fontaine-Baldwin combine, had 
made the seigneur ial tenure a led scarf 
for the popular bull. The material sup- 
port was what these men first attached. 
They knew, that, it the peculiar tenure 
of the seigneurs was taken from them, 
which assisted to keep them independent, 
they might be broken as a phalanx, and 
exterminated individually. The session of 
1850 was occupied with this important 
question. The proposal was advanced by 
Fontaine to suppress the tenure and 
transform it into freehold. This man, 
the author of so many faith-breaking and 
radical measures, admitted that the feu- 
radical measures, admitted that the feu- 
encourage the development, but bad after 
that development has been achieved. In 
other words, people who have been raised 
to importance and prosperity by the care 
of a system are taught that the next 
step is to deprive that system of its 

functions. Papineau, seigneur of Mon- 
treal, aiose as the most gifted champion 
of the seigneurs. This heioic gentleman 
had experienced the vicissitudes of revo- 
lution aim anarchy in the cause which 
he thougnt to be rignt. in tne insurrec- 
tion ot 1888-40, as a leader of the 
French against the oppression of the 
English system, he saw how quickly the 
Archbi.-jhop had abandoned a lost eause. 
From that time he became anti-L'atholic. 
From that tune, also, he favored any 
measure, even to annexation to the Amer- 
ican States, which would humble the 
English power in Canada, and break the 
influence of the Catbolic ciergy. Con- 
sistent throughout in his devotion to 
these ideas, he turr.od his wrath against 
the Liberal leaders who sought to de- 
prive the best of the French people of 
rights which had been conferred for hon- 
orable and distinguished military ser- 
vice by the Crown of France, and which 
were secured by the treaty of 1763, and 
which it was as constitutional for the 
Canadian Parliament to attack as it 
would be for the same parliament to 
attack the position of the House of 
Lords in England. Apart from the fact 
that treaty rights are inviolable, Papi- 
neau maintained that the seigneurs were 
absolute proprietors of their domain. 
" This tenuis," continued he " * * is 
founded, besides, on wisdom and justice ; 
it is absurd to suppose that they can be 
compelled to cede this land against their 
will." But it is more absurd to sup- 
pose that a majority in power, or a gov- 
ernment founded tl.ereon, will respect 
law, or contract when it wills to do 
something different. It is a fact of his- 
tory that popular forms of government 
have no conscience but their own wish. 

In 1851 a bill was introduced to con- 
vert "the seigneurial tenure into freehold. 
The influence of the seigneurs caused the 
question to be postponed until the next 
session, but with great difficulty. 

In the meantime Baldwin and Hincks, 
of Upper Canada, produced a measure to 
abolish the law of primogeniture in their 
part of the province, as it existed among 
certain noted English families. These 
men wished for no honorable memoires 
to live in their community in the hearts 
and homes of the people. The measure 
was not political, it was social. It was 
as far removed from the domain of po- 
litics proper as the orbit of Venus is re- 
moved from that of the Earth. But it 
was a blow aimed at a high-minded aris- 
tocracy, and no matter how many steps 


had to be taken from the business of the 
session to striKe it, the politicians were 
bound to accomplish it, though commerce, 
mail matters, manufacturing enterprises, 
election laws, school affairs and ail pro- 
per and legitimate business 01 the ses- 
sion were to suffer. 

It is in childhood alone that the no- 
blest sentiments can be encouraged to 
surmount and take preceuenee of the 
worse qualities that are inherent in hu- 
man nature. As deceit, treachery, ava- 
rice, lack ui sympathy and ^eurosity are 
aroused more commonly by the events of 
daily life, and more commonly abound, 
it. requires the utmost effort to correct 
their ascendency in childhood. If they 
are not eorrecied then, Uiey rule the 
after-life. It is .the influence of family 
history that has the greatest ellect, eve-u 
greater than that of religion : for reli- 
gion often fosters hipocricy. Everything 
in the arrangement of family affairs to 
preserve the integrity of the home for 
generations to make the capital of the 
family and its head independent of the 
vicissitudes of fotuv.e, adds so much to 
the means of putting into force that 
influence which erects the bulwark of 
noble sentiment in the heart of child- 
hood. Papineau was champion of this 

The excuse brought by Baldwin and his 
clique to make this measure of abolition 
plausible, was that the law of entail, 
or primogeniture, gave the bulk of the 
property to the eldest line male of the 
family, leaving very little, if anything, 
for the younger lines. In the first in- 
stance, the law was a private arrange- 
ment among families sanctioned by the 
state, it is presumed that the founder 
of anv one of these families had a 
greater affection for his offspring than 
Mr. Baldwin could have, and that the 
founder had prepared entail property as 
the best means of preserving the family, 
and making its hearthstone independent 
of malicious torture. Besides, the sys- 
tem had nothing to do with the politics 
of the country, or with the people of 
Canada, apart from those of the parti- 
cular families mentioned. Now, whicn 
one of these families had employed Mr. 
Baldwin to be the advocate for its dis- 
memberment and to break up its sacred 
place of origin ? Not one ! It was a 
project of jealousy, of republican bigot- 
ry to rob the families of their own pro 
perty rights. 

It was the surest way of accomplishing 
the purpose of the politicians against so- 
cial developments otherwise beyond their 

reach and certainly beyond the just do- 
main of the powers accorded them by 
law. in Ireland, as an example, the En fe - 
lish rulers, as the most certain way of 
breaking the power of the Catholics, 
adopted measures that would ruin the 
chief of the Catholic families. As the 
majority of the chiefs of these families 
were Catholic, a law was passed as a 
matter of public poucy, to guard against 
the encroachment of the Catholics on the 
power of the country, to prohibit the 
right of succeeding to entailed property 
in Catholic families. Another law was 
made declaring that, if one of the chil- 
dren was Protestant, he could succeed , 
but if they were all Catnolic, the proper- 
ty was to be divided up among them, 
and so on among their children. It was 
calculated, then, in the course of two or 
more generations, there would be no Ca- 
tholic Irish family of influence remaining 
in an independent position. 

The historical class of a country are 
the only people who hold to principle. 
They take pride in maintaining it. The 
body of the people, on the other hand, 
are easily influenced and abound in equi- 
vocal sentiments, even when they are 
at their best. A set of politicians can 
never have absolute sway in a country 
so long as a class exists, that is founded 
on the memory of achievement, that is 
rendered independent of circumstances and 
permanent in locality by hereditary ten- 
ure of property. It is to arrive at ab- 
solute authority, socially as well as po- 
litically, that such men as Baldwin and 
Fontaine agitate in every country against 
the private and remote interests of so- 

The struggle of the politicians was con- 
tinued against organized society through- 
1he Fontaine-Baldwin ministry, with Lord 
Elgin, if not an abetor, at least a pas- 
sive spectator. This ministry retired in 
1851, and was succeeded by another Lib- 
eral ministry, that of Hincks-Morin, that 
took charge of affairs Ot. 28. 1851. The 
same principles continued to inspire the 
activity of this administration as of the 
last parliament dissolved Nov. fi. 

The fourth parliament her^an its sit- 
ting at Onobee Of, 10. 1852. The min- 
isterial address put first, the abolition 
of the rights of the seigneurs and thn <;e- 
nilari/ation of the clerrv reserves : then, 
Thf r> v tension of tho suffrape nnd the pr- 
Tahlishment of a. line of neean stoamer^. 
Aorieulture pnH colonization wero favorerl 
bv promises. Thus the stronger partes and 
greater numbers were cajoled, while the 

weaker parties and smaller numbers were 
subjected to schemes of robbery. 

An assistance from England came now 
to the Liberals of Canada. The ministry 
of the Earl of Derby had passed away, 
in 1853, to give place to that of the Earl 
of Aberdeen. This latter gave over to 
the colonial legislatures tbe power to 
deal with the property of the clergy, 
which was immediately done by trans- 
ferring it to other parties. Representa- 
tion was increased so that each province 
sent 65 deputies. Another law caused the 
decimal system to be adopted as the ba- 
sis of money exchange. This was sanc- 
tioned by the British government in 
1854 Mr. Drummond brought up again 
the bill to rob the seigneurs of their 
lands, but the Legislative Council, with 
a better sense c-f justice adjourned the 
bill. This act of the Council raised a 
storm of anger in the Assembly. Clamorous 
for the abolition of this council, or to 
reader it elective, and therefore in the 
power of demagogues of the majority, the 
Assembly voted an address to the Brit- 
isn Government, praying for a project to 
put the Council within reach of the will 
of the people. 

The British Parliament, in which were 
already germs of disaffection to estab- 
lished institutions in answer to this ad- 
dress, repealed the clauses (1854) of the 
Act of Union which constituted this 
chamber, and authorized the Canadian Le- 
gislature to effect what changes it pleas- 
ed. But, at the same time, a clause was 
inserted, that representation in the Can- 
adian Legislature could be augmented bv 
the simple majority. Thus, the French 
democrats burnt their fingers in their de- 
sire to ruin the seigneurs, for, by this 
time, the population (English) of Upper 
Canada, was more numerous than that 
(French) of Lower Canada. Before this 
each province, regardless of majority, 
was entitled to an equal number of de- 
puties, but after this, the majority in 
Upper Canada ensured preponderence to 
the English. 

During this session a branch of the 
Liberals of Upper Canada, under loader- 
ship of Geo. Brown, became anti-Catholic. 
Thev were offset by the anti-Protestant 
party of Lower Canada, headed bv Can- 
chon. Brown made a remarkable speech 
in regard to the freedom of education 
from religious control, in which he said : 
" T do not approve of the monastic re- 
gime : it is the scourece of all countries 
where it exists. T object that education 
be placed with the church. Education is 

not the affair of the clergy, who are for 
teachers whose teaching narrows the 
mind and conducts to atheism." He com- 
pared Protestant countries with Catholic 
to the advantage of the Protestant. Cau- 
chon followed him and called attention 
to the fact that the criminal reports of 
Upper Canada (Protestant) showed great- 
er criminality than those of Lower Can- 
ada (Catholic.) This, he said, in spite 
of the highest education in Upper Cana- 
da ! But Cauchon did not know that 
indiscriminate education is bad of itself ; 
for education sharpens the faculties and 
affords material to the meaner elements 
of the population, when made public, that 
otherwise they would not possess. Their 
meanness becomes prominent and notice- 
able as fraud, forgery, chemic-al adultera- 
tions, scientific burglary, artistic mur- 
der and a thousand and one categories 
that else would have slumbered in obli- 
vion, were it not for the development 
offered by indiscriminate and public edu- 

Lord Elgin was empowered by England, 
in 1853, to negociate with the United 
States a treaty of commercial reciproc- 
ity, which was ratified by the United 
States Congress. 

These measures finished, parliament was 
dismissed June 20, 1853, and an election 
on the new franchise law was called for 
July and August. Now, the franchise 
had fallen so low as to bring within the 
scope of its exercise the purchasable ele- 
ment of the population. Corruption ap- 
pears very noticeably. The number of 
votes in certain localities surpassed the 
number of all the inhabitants in these 

On account of the breaking away from 
old barriers and the accumulation of de- 
mocrats, a section of the Liberal party 
approached the Conservatives and formed 
the Liberal-Conservative party At this 
epoch, Mr. Papineau had the honor of 
retiring to private life, rather than con- 
sent to a programme of popular suf- 

Lord . Elgin commenced the Fifth Par- 
liament Sept. 5, 1854. His speech was a 
long tirade against the French nobilitv 
and the prerogatives in Canada thev held 
from the Crown of France. A ministry 
was formed from this curious combine of 
Liberal-Conservatives, consisting of Mac- 
nabb and A. N. Morin. 

The first measure of this ministry was 
to ratifv a treaty of commercial recip- 
rocity between Canada. New Brunswick. 
Nova Scotia, Prince Edward Island and 


the United States, signed June 5, 1854, 
by Lord Elgin on the part of England, 
and W. L. Marcy for the United States. 
By this treaty grains, flour, animals, 
beef,, fish, oil, hides, butter, minerals, 
coal and wood were put on the free 
list. The navigation of the St. Law- 
rence was opened to the United States, 
whose people were, also, permitted to 
fish on the shores and in the rivers of 
Canada and the provinces. By the pre- 
vious treaty, concluded in 1818, Yankees 
had been compelled to keep the three- 
mile limit from the shores. By violating 
this, several vessels had been seized. But 
now the three-mile limit was removed 
and the new treaty extended in force up 
to I8fifi. 

During this session royal sanction was 
obtained for the abolition of the feudal 
tenure and the confiscation of the clergy 
reserves. Tt is natural for the House 
of Hannover, after its own bread is but- 
tered, to assist all the world to scrape 
the butter off of the bread of others. 

John A. Macdonald presented a bill for 
the conversion of the clergy funds to mu- 
nicipal purposes. The more honest Con- 
servatives, headed by Macnabb, combated 
the measure in vain. Some of the old 
Conservatives made an appeal to the Ca- 
tholics of Lower Canada, saying that : 
" When the ecclesiastical property of Up- 
per Canada have been sacrificed to the 
exigencies of demagogues and agitators, 
the same thing may happen to Lower 

Drummond introduced a bill to regulate 
the indemnity to be paid the seigneurs 
for their land. This bill, however, pro- 
vided that only the improved land should 
be paid for, but all should be confiscat- 
ed ; which measure became a law. Mr. 
Andrew Stuart made a last stand for the 
nobility, during which he said the tenure 
" was favorable to the happiness of com- 
munities, to good manners, to habits of 
industry, to the stability of government 
and to the military power of the land." 
Historv declares for the seigneurial or- 
der, that " since its origin the seigneurs 
have performed a fine part — that of 
protectors and counsellors in the colonv. 
they had, in their hands, civil and mili- 
tary authoritv, which they rendered su- 
perior bv their integrity, education and 
rank. Thev had shown themselves gene- 
rous and tolerant towards their " censi- 
taires," and these noble qualities had 
been transmitted. '■ (Turcotte in " Cana- 
da sous l'Union.") 

The confiscation of the feudal tenure, 

according to the words of Fontaine him- 
self, " created a revolution in our institu- 
tions ; a revolution which, in other coun- 
tries, would not have been accomplished 
without the shedding of blood and the 
shaking of the social edifice to its foun- 
dations." Such dislocation really hap- 
pened in Canada, but noiselessly, there- 
fore without much notice, yet the effect 
was no less disastrous and can be per- 
ceived in the lack of finish to modern 
society. *4 

In December, 1854, Lord Elgin retired 
from affairs, and left the Government in 
charge of Sir Edmund Head, who had 
been named Governor-General Sept. 21, 
1854. This year the commerce of Canada 
attained the value of $50,000,000. 

Parties in Canada were known now as 
Conservatives and Liberals. The project 
of the Conservatives was to preserve re- 
ligious institutions, equality of represen- 
tation in the two provinces, and the se- 
parate school system. The policy of the 
Liberals was in advocating the common 
school system, election of all public of- 
ficers, universal suffrage and opposition 
to the militia system as giving the Crown 
too much authority in the appointment 
of the officers. 

April 13, 1855, Sir George Grey signi- 
fied to the Canadian Government that 
the threatened aspect of affairs in Eu- 
rope, just before the Crimean war, 
obliged him to withdraw a part of the 
imperial troops from Canada, at the same 
time the Royal Government gave to the 
province a great tract of public land 
whose revenue was to go to maintain 
efficiency in the militia. 

Sir Edmund Head opened the second 
session of the Fifth Parliaments Feb. 15, 
1856. In his speech he mentioned one 
measure to render the Legislative Coun- 
cil elective, and another to organize a 
provincial police. 

The act to make the council elective 
was signed by the Queen in the summer 
of 1856. 





(1854-67. > 

As though to reinforce the mind of the 
next generation for political controver- 
sies, a number of universities and colleges 
sprang into being at this epoch. The 


Catholic University Laval was inaugu- 
rated at Quebec in 1854. At the same 
time thft Protestant McGill University 
opened at Montreal. Lennoxville had sup- 
ported a college of that name since 1848. 
In Upper Canada, there were the Uni- 
versity of Toronto, Queen's College at 
Kingston, Victoria College at Cobourg, 
and Trinity College at Toronto 

As the ministry, during this time, drew 
its majority from Lower Canada, it could 
not find supporters enough to continue in 
good standing. A new ministry of the 
same Liberal-Conservative party was 
formed May 24, 1856, by E. P. Tache 
and John A. Macdonald 

The " Clear Grits," as the ultra-Lib- 
erals were called, held an assembly, this 
year, at Toronto, to organize a political 
campaign on the question of representa- 
tion accarding to population, instead of 
according to province. 

But the first quarrel between the par- 
ties was in regard to choice of perma- 
nent capital. As no section could be 
agreed on by all parties harmoniously, it 
was resolved to allow the Queen to make 
a selection for them. The choice of the 
seigneurs was for an unimportant but 
ambitious town named Ottawa, popularly 
known as Bytown, and at that time con- 
siderably removed from the centre of po- 
pulation. But so great was the rivalry 
between Toronto, Montreal and Quebec, 
that Ottawa was chosen as a compromise 
town to reconcile conflicting interests, 
and for the reason also of its more 
central position as respects British 
America. History has justified the wis- 
dom of the choice. The Crown was at 
this time petitioned to add Hudson Bay 
Territory to the province. 

A project of law which gave to the 
Sisters of Notre-Dame de Lorette at To- 
ronto a civil existence raised a great 
tempest in the minds of the Protestant 
Liberals. Mr. Brown declared that it 
was a great impudence to establish con- 
vents and monasteries in the province, 
with the power of acquiring estates. Mr. 
Mackenzie wished to restrain the civil 
privileges of the Catholic church within 
the narrowest limits, as being dangerous 
to the liberties of the people. " His- 
tory," said he, " proves that she is es- 
sentially intolerant." 

In 1857, Col. Tache retired from the 
position of premier, and another minis- 
try of the same party was created with 
John A. Macdonald and George E. Car- 
tier as chiefs, Nov. 28, 1857,. Sir Edmund 
Head dissolved parliament to wait for 
the elections of December and January. 

In this election the Liberals pronounced 
definitely for representation according to 
numbers, and for non-sectarian schools. 

Sir Edmund Head called together the 
Sixth Parliament, at Toronto, Nov. 25, 

George Brown commenced the onset in 
this parliament for popular representa- 
tion. Mr. Sicotte, Land Commissioner, 
prepared for the law a project to pre- 
serve and exploit the fisheries. The Ca- 
nadian fisheries are considered the most 
important in the world. The population 
of Nova Scotia and New Brunswick find 
therein a great revenue. It was estim- 
ated that $5,000,000 of capital were era- 
ployed in them and the returns were 
$17,000,000 annually. 

The ministry lost popularity, however, 
by urging the capital, chosen by the 
Queen, on the unwilling members of par- 
liament, who saw in the future their 
isolation from the commercial enterprises 
and social festivities of the east in an 
utter oblivion in the uncultivated wilds 
of the west. The Liberals, as the leaders 
of this movement against the choice of 
the Queen, now formed a ministry with 
George Brown and A. A. Dorion, but so 
great was the opposition to them that 
they were forced to resign their port- 
folios two days after they had received 

August 6, 1858, G. E. Cartier and J. 
A. Macdonald became the leaders of the 
new Conservative element in power. 
They chose for basis for action the as- 
sessment of an ad valorem tariff, while 
they left the question of the capital to 
the action of the legislature. Parliament 
was prorogued Aug. 16. 

Then the ministry proposed the con- 
deration of all the British American pro- 
vinces under one rulership. This plan had 
been suggested by Lord Durham, a for- 
mer royal governor, as one means of 
causing a stoppage to be put to the 
rivalries of the English and French in the 
two Canadas. 

In the session of 1858 Mr. A. T. Gait 
proposed resolutions favorable to a con- 

After the session of 1858, Messrs. Car- 
tier, Gait and Ross went to England to 
treat with the Imperial Government for 
a union of the provinces. They exposed 
the causes of the quarrel between the 
English and French and demanded au- 
thority for the meeting of colonial dele- 
gates to consider the project of confede- 
ration as the only means of avoiding em- 
barrassments in the future. 

The English Secretary of the Colonies 


communicated with the Maritime Pro- 
vinces. They did not appreciate the value 
of the plan and asked for delay in order 
to consider it. " Of all the colonies," 
said Mr. Cartier in 1865, " Newfoundland 
was the only one ready to name dele- 
gates." New Brunswick was more like 
a stick in the mud, which had to be 
hauled out by main force. 

The people of the Maritime Provinces, 
particularly of New Brunswick and Nova 
Scotia are not susceptible to the influence 
of great events. Their inhabitants are a 
trifle suspicious of far-reaching enter- 
prises and of individual ambition, and 
they carried this same suspicion towards 
the project of confederation. They feared 
that if once united under one government, 
with the more numerous and more enter- 
prising inhabitants of the two Canadas, 
thev would occupy a very insignificant 
position. Hence the delay and desire to 
escape in the mind of those of the Mari- 
time Provinces. 

But the Canadian delegates in London 
met the commissioners of New Brunswick 
and Nova Scotia in the matter of the 
Intercolonial Railway. The three colonies 
agreed to furnish a sum of £60,000 for 
its construction and asked aid of the Im- 
perial Government to complete the plan. 

The second session of the Sixth Parlia- 
ment was opened at Toronto Jan. 29, 
1859. Then it was that Ottawa was de- 
cided to be the capital and public edifices 
were commenced there forthwith. 

During this session of 1859 the legisla- 
ture voted an address to the Queen pray- 
ing the Royal family to visit Canada and 
be present at the opening of the Victoria 
bridge across the St. Lawrence. The 
Queen, in reply, consented that the Prince 
of Wales should assist at the ceremony 
in her name. 

Mr. Brown introduced a very wise 
measure in this parliament, which was 
rejected, however. It was directed as an 
amendment to the law relating to incor- 
poration of benevolent and educational 
societies, annulling all legacies made to 
such societies, on appeal of heirs, within 
six months after the death of the testa- 
tor. This was, and is, most worthy of 
attention. The evolution of the family 
to the position of a political unit, has 
been the achievement of a primative civil- 
ization. Before that, there were no social 
virtues. Parental affection and filial duty 
were unknown. It was the task of a late 
civilization, during the Middle Ages, to 
prevent the sacrifice of the family prop- 
erty, which held it together, by forbid- 
ding disreputable and insubordinate per- 

sons who might have charge of its 
wealth, and honor, from alienating them 
to churches and monasteries. During this 
period, the priests of the church, seizing 
on the fear in man for the safety of their 
souls, urged them to seek salvation by 
granting the family possessions to the 
benefit of the church. The state, then, 
more careful and just, decreed against 
this practice— which was dissolving the 
social instincts, and obliterating the vir- 
tues of family obligation. In modern 
times, the selfishness of the universal 
individuality has brought again into play 
these same bad and degenerate efforts 
which former ages have reprobated. The 
court — against the whole spirit of the 
law at the basis of social existence— per- 
mits the individual to transfer, by testa- 
ment, the property of the family to 
churches and other institutions, and even 
to persons of no tie of blood, while the. 
natural heirs are bereft of what is theirs 
by right of evolution. This practice pro- 
motes an anarchic and disorderly ten- 
dency in the populaytion and is destined 
to end, if not abruptly checked, in the 
destruction of organic ethics in the com- 

After this parliament, Mr. Brown or- 
ganized the Liberals of Upper Canada, to 
demand a change in the constitution. He 
maintained that the plan of 1840 had not 
accomplished that for which it was 
framed. It was thought that confedera- 
tion might succeed better. A convention 
of this partv met at Toronto and called 
for a division of Canada into two or 
more provinces, each with local govern- 
ments and each having a stated repre- 
sentation in a general government. 

Feb. 28, 1860. the legislature was sum- 
moned to meet at Quebec, which conti- 
nued to be the seat of authority until 
1866, when parliament was moved to 
Ottawa. In this parliament Sir Edmund 
Head announced the approaching visit of 
the Prince of Wales. 

The French influence procured better 
trade regulations now with France and 
since 1862 exchange of wines and woods 
grew to considerable proportions. 

Tonage duties were abolished on the 
Canadian canals in the hope of attract- 
ing United States commerce. 

In August, 1860, the Prince of Wales 
landed at Quebec, where he was received 
with respect by the French population, 
as the representative of royal authority. 
He assisted at the ceremonies of the Vic- 
toria Bridge, at Montreal, visited Sher- 
brooke, St. Ilvacinthe and Three Rivers. 
In Upper Canada the Fenians and 


Orangemen made so much disturbance at 
this time, that he was forced to change 
the direction of his journey. He crossed 
the border into the States, and after- 
wards returned and sailed from Halifax 
for England. 

In 1860, the Prince de Joinville, third 
son of Louis Philippe of France, came to 
Canada for a while, where he received 
marked attention from the French. 

In 1861, Prince Jerome Bonaparte, ne- 
phew of the great Napoleon, also jour- 
neyed thither and enthusiasm was every- 
where noticed in his reception by the 

The Liberal leaders of Upper Canada 
continued their demand for a change in 
the constitution that would give them 
a greater popular representation. Mr. 
Foley, one of them, said that, unless 
such change was made, a civil war would 
result, like that which was then ragmg 
in the United States. 

Mr. Loranger defended the cause of 
Lower Canada. He protested against the 
principle of popular representation. Rath- 
er than repeal the union he desired a se- 
paration of the province from England. 
From this time certain leaders of the 
French began to cherish the design of a 
national province, which might he deve- 
loped into an independent principality. 

John A. Macdonald came forward with 
a plan for confederating all the provinces 
as a means of healing the troubles be- 
tween the English and French. He 
frightened the Liberals of Upper Canada, 
who wished for a dissolution of the union, 
by pointing out that the Ottawa Valley, 
with all its richness and population, was 
so intimately connected by ties of trade 
and community of interest with Lower 
Canada, that, in case the union ceased, 
that part of Upper Canada would join 
Itself to Lower. This would cause Lower 
Canada to preponderate. 

The Sixth Parliament was closed by 
proclamation, June 10, 1861. 

Oct. 26, 1861, Sir Edmund Head was* 
succeeded by the Viscount Monck as Gov- 

In the autumn of 1861, the government 
of the Southern Confederacy, formed by 
those states of the United States that 
had seceded on account of violation of 
their charters and rights by the major- 
ity in the North, represented in the gen- 
eral government, sent two commission- 
ers to Europe, Mason and Slide!. They 
took passage on the English steamer 
Trent, but were arrested by Capt. Wilkes 
of the United States warship Sam Jacin- 
to, who, in spite of the protection claim- 

ed under the British flag, hurried them 
off to prison. 

The British Government demanded apo- 
logy and the return of the prisoners, but 
in the meantime prepared for war and 
sent troops to Canada to be ready foi 
what might occur. 

The United States Congress that had 
at first passed a vote of thanks for 
Wilkes, when it was known that England 
meant to hav.e her rights respected and 
had the power to avenge them, disavow- 
ed his conduct and restored the prisoners 
to British protection. 

The Canadians had armed their militia, 
also, expecting war to result. The sen- 
timent of Canadians Lorn this began to 
incline in favor of the Southern Confed- 

Lord Monck opened the Seventh Parlia- 
ment March 20, 1862. 

Conformably to the warlike aspect of 
affairs, the military commission in this 
parliament recommended the division of 
the province into military districts with 
the establishment of an arsenal in each 
district. But there was a great apathy 
among the Canadians. They did not care 
to be burdened with a military estab- 
lishment, and, above all, they dreaded 
the expense. Goldwin Smith spoke of 
abandoning Canada to itself, since it was 
willing to invite hostilities from tne 
United States by its defenceless condi- 
tion. Mr. Cartier resigned from the 
ministry. Another ministry was chosen, 
this time among the Liberals, who seem- 
ed to be in great lorce. The chiefs of 
this ministiy were J. S. McDonald and 
L. V. Sicotte, who took oath of office 
May 24, 1862. 

The policy of this ministry was to gain 
the wealthy class of manufacturers that 
was coming into existence, by augment- 
ing the tariff in their favor. 

At first the tariff had been assessed to 
raise a revenue to pay off the debt and 
expenses of government. But by putting 
up the price on certain articles, the tariff 
enabled the manufacturers to earn great- 
er wealth at the expense of the vast^body 
of the people. They became now a pow- 
erful plutocracy and sought to preserve 
the monopoly of the market by encourag- 
ing a greater and greater tariff on all 
imported goods. 

Delegates from the Maritime Provinces 
met at Quebec to discuss the opening of 
the Intercolonial Railway and communi- 
cation with Canada and the Northwest. 

This Liberal ministry, however, rapidly 
fell in public esteem. The manufacturing; 
monopoly was not yet powerful enough 


to keep them in authority. The 12th 
May Lord Monck dismissed parliament 
and a shift of the ministry left J. S. 
McDonald and A. A. Dorion as leaders. 
The ministry abandoned the project of 
the Intercolonial Railway, of the rule by 
double' majority in both provinces, and 
the excessive tariff on the necessaries of 

The first session of the Eighth Parlia- 
ment began Aug. 13, 1863. 

The ministry, however, still continued 
to play with the manufacturing over- 
tures. Mr. Holton exposed the state of 
the finances and proved the necessity of 
fixing a tariff to meet the deficit. The 
ministry was careful to state that the 
future policy would be one of free trade, 
after the present difficulties were pro- 
vided for. A treaty of reciprocity was 
being urged with the United States, and 
at the same time it was shown to the 
ministry by Mr. Cartier that the imposi- 
tion of tonnage duties on vessels sailing 
through the canals would not lead to 
the desired end, if the United States 
were to be won over to favor the treaty. 

So much opposition did the radical 
measures of this ministry raise that it, 
too, was driven from power. On March 
30, 1864, Sir E. P. Tache and J. A. 
Macdonald replaced them. One of their 
earliest efforts was to try and renew 
the treaty of reciprocity. They urged 
the Maritime Provinces to establish a 
commercial union with Canada. 

Their government, therefore, presented 
at the first occasion a measure introduc- 
ing the f ederal principle and inviting the 
other provinces to enter into a confede- 

Sept. 1, 1864, the political leaders of 
New Brunswick, Nova Scotia and Prince 
Edward Island met at Charlottetown to 
discuss a federal union of their provinces. 
A union of the two Canadas with them 
was favorably considered. Another con- 
ference was appointed at Quebec. 

Oct. 10, 1864, delegates from the Ma- 
ritime Provinces met those of Canada at 
Quebec, with the approval of the Crown, 
and at the invitation of the Governor- 
General. For thirteen days the articles 
of a constitution were debated. It was 
argued that the Crown should be at the 
head, but whether a personal sovereign 
or a represented sovereignty was for 
some time uncertain. It was even 
thought, at one time, that the new gov- 
ernment might be called the " Kingdom 
of Canada," with a branch of the Royal 
familv in direct succession on the throne, 
but it was finally decided that the words 

" Dominion of Canada " would serve bet- 
ter, and that the Crown should be re- 
presented by a Governor-General sent 
over periodically from England. 

Jan. 19, 1865, Lord Monck called to- 
gether the legislature to consider the 
matter of confederation. The ministry 
undertook, on this occasion, to suggest 
a project to repress depredations, com- 
mitted in violation of the peace, along 
the frontier of Canada. 

During the summer a company of 23 
officers and soldiers from the Southern 
Confederacy invaded the United States 
from the Canadian border to make re- 
prisals for the severe acts committed 
by the Yankee generals, Sheridan and 
Sherman, on the people of Virginia, 
Georgia and the Carolinas. Acting on 
complaint of the United States, some of 
the Confederates, who had taken refuge 
in Canada, were arrested, but were set 
at liberty again by the mandate of Judge 
Coursol. These Southerners, although but 
a handful, met quietly in St. Johns, P. 
Q., under Bennet Young, and from thence 
proceeded in twos and threes through 
Missisquoi County to the Vermont fron- 
tier, and on a quiet Sunday morning 
dashed into St. Albans on horseback and 
held the surprised and unarmed citizens 
at bay for an hour or two. They com- 
pelled the local banks to deliver over 
what money they had and then they 
dashed back across the lines again. To 
appease the anger of the United States, 
after the release of the raiders, Canada 
refunded the amount taken from the 

The apparent sympathy of England and 
Canada for the cause of the South ex- 
cited the animosity of the United States 
government. This feeling contributed 
much to the abolition of the commercial 
treaty between Canada and the States. 

Since the treaty of reciprocity had been 
in operation, commerce had almost tripled 
along the line. In 1854 it was $24,000,- 
000, but in 1864 it amounted to $69,- 
150,000. In 1865, the United States Sen- 
ate authorized the President to give 
twelve months notice for the abrogation 
of this treaty. 

The Canadian ministry attempted to 
renew their treaty for the advantage of 
commerce. The Imperial Government 
sent Sir Maurice Bruce to act in concert 
with the Canadians to this end with the 
United States. They were obliged to 
abandon the undertaking because the 
United States put Impossibilities in the 
way of negotiation. 

The action of the United States Gov- 


ernment caused Canadian policy to seek 
trade with Europe, South America and 
the West Indies. 

A commission was despatched in 1865 
to South American nations with good 
results. The Maritime Provinces that be- 
fore had purchased flour in the States 
now sought that article in the markets 
of Upper Canada. The merchants of the 
United States began soon to feel the loss 
of trade from its effects on the monied 
institutions of their land. United States 
politicians, eager for revenge on account 
of their inability to reach Canada by 
abrogation of the treaty, excited Fenians 
to make raids along the border. The 
chiefs of that secret society of Irish re- 
volutionists had an understanding with 
prominent men in public life in the 
United States. This society prepared in 
secret its armed bands for future service 
in the cause of Ireland against the tran- 
quility of Canada. 

The U. S. politicians had thought that 
the abrogation of this treaty, which took 
place March 17, 1866, would ruin the 
trade of Canada, and create a desire 
among Canadians for annexation to the 
States, for the purpose of enjoying the 
liberties of commerce with a great mar- 

There w r as another reason more potent 
than than the mere addition to the na- 
tional territory, working with the politi- 
cians* of the North. They desired to gain 
Canada to the northern section of the 
States so as to enable them to overba- 
lance by number of representatives, the 
influence of the Southern States in the 
general government. The Southern States 
to prevent the increase of the northern 
democracy, were as determined to oppose 
the entrance of Canada as a part of the 
American Union. 

But Canada's imperial relations have 
added to her a greater prosperity and 
dignity than could be derived from any 
connection with the Yankees. And, in- 
deed, connection with the Yankees would 
be the ruin of Canada. 


WEST. _ 

While victory had come, although with 
slow step, but firm, to spread the aegis 

over the Imperialist party, not only in 
Canada, but throughout the United 
Slates and Australia, lower down, from 
distant Manitoba, from localities in Que- 
bec and New Brunswick, where religious 
rights were rampant, issued rumors of 
political violence and disaffection. 

The ecclesiastical order of most chur- 
ches believe that power over mankind in- 
creased wilh control over the young of 
each generation. The aged may be left 
to themselves, but the young never. The 
vexation of the church in this way over 
education of children has excited the 
alarm of those who are in freedom of 
thought, especially since the institution 
of the public school system. Parents 
living in fanatical communities on ac- 
count of religious control over the pub- 
lic schools of those communities are 
forced either to send their children to 
such schools, or, they must form other 
schools at their own private expense. 
In secular communities, no religious ten- 
ets are taught in the public schools, but 
so soon as the community becomes ex- 
tremely religious, behold ! the catechism 
is the chief book of instruction. Ac- 
cording to the Catholic Dictionary the 
Catholic Church is the highest authority 
in education. With her sanction it should 
be commenced and under her superin- 
tendence continued, for were her inter- 
vention to be excluded at any stage, 
there would be danger that those under 
education come to mistake one of the su- 
bordinate ends of man for his main end." 
According to it, the claims of the state 
" become unjust and oppressive when, 
ignoring the still more sacred right of 
the church to secure in education the 
attainment of man's highest end, it com- 
pels or tempts Catholics to place their 
children in schools which ecclesiastical 
authority has not sanctioned." It is 
declared further that " the study of reli- 
gion should hold the first place and do- 
minate all others." 

At, the time when Canada was ceded 
bv France to England in 1763. the papal 
influence over the court of France se- 
cured in the treaty the proviso that 
church functions should be maintained. 
The result has been that, in the Province 
of Quebec, the church has a complete 
authority over the schools as before the 
transfer. Control is vested in a com- 
mittee of bishops and laymen. The non- 
Catholic schools of the province are in 
charge of a Protestant commission. In 
the Catholic schools most of the teach- 
ers are from the religious orders, who 
have been teaching without certificate, 


and catechism is the chief study. The 
text-books treat largely of the Romish 
faith. Those who desire to remove this 
influence are opposed to the character 01' 
this education and wish for the introduc- 
tion of the study of practical and useful 
things to prepare the pupils to be har- 
monious citizens of the Empire. The 
church people combat these suggestions. 
They say that the reformers will de- 
mand next that changes in the church 
herself be made, such as " the abolition 
of tithes and exemptions, and the secu- 
larization of estates." 

This political trouble of education arose 
first into importance in Manitoba. 

Before the erection of Manitoba into a 
province, the Catholics and Protestants 
at Fort Garry— now Winnipeg— maintained 
separate schools by voluntary contribu- 
tions. Then the country was governed by 
the Hudson Bay Company and the self- 
appointed council of Assiniboia. The 
act which created the province of Mani- 
toba was passed by the Dominion Par- 
liament and afterwards by the British 
Parliament as an amendment to the con- 
stitution of Canada. 

The first legislature of Manitoba, in 
1871, established a system of free schools 
for the separate religions. By this act, 
no Protestant could be assessed to sup- 
port a Catholic school, and no Catholic 
contributed to Protestant educational 
purposes. The commission of education 
was appointed by the Governor from Ro- 
man Catholic and Protestant clergymen 
and lay people from various parts of the 
province. This commission was divided 
into a Catholic committee and a Protes- 
tant committee acting independently of 
each other for their respective schools, 
but conjointly for general administration. 
The Manitoba Act provided also for the 
use of the French and English languages 
in the schools, courts and legislature of 
the province. 

Like all disputes over separate schools 
in Manitoba this owed its origin to the 
intrigues of politicians. The French 
party, mostly Catholic, was imperial be- 
cause it had been favored under the lead- 
ership of Hon. John Norquay and the 
Hon A. C. Lariviere. The radical re- 
publicans of the province, on account of 
the presumption of the papists, threat- 
ened that if they ever came into con- 
trol to be revenged on the Catholic par- 

In the meantime, from 1871 to 1888, no 
complaint arose in regard to the man- 
agement of the public schools. Protes- 

tant and Catholic were mutually con- 

In tha autumn of 1888 the term of of- 
fice of the Noiquay government expired, 
and the radicals, for the next election, 
usud all etiorls to gain over some of the 
Catholic party by extravagant promises. 
Mr. Nelson, their leader, gt Fort Ellice ; 
pledged the faith of the radicals to main- 
tain the separate sohool law as the 
" just and legal right of the Catholic po- 
pulation, secured to them by the consti- 
tutor of the country, which no party 
much less the Liberals (!) would ever 
davc alter or destroy." The radicals, in 
spae of Mr. Nelson's flattery of the 
Catholics, were defeated in that election 
of November, 1886, although by not a 
verv great majority. Two years after 
Norquay and Lariviere retired, leaving 
Dr Harrison as premier. This neces- 
sitated a new election in the riding of 
St. Francis Xavier. The parties were so 
near the same strength that the power 
of either would be decided by the results 
of this election. The Liberals, or Radi- 
cal Republicans, again to gain the con- 
fidence of the Catholics and to win their 
votes, along with their republican pro- 
paganda and Utopian philosophy, gave 
repeated assurance to respect the rights 
of the Catholics to separate schools and 
the use of the French language. 

In this election of 1888, the radicals 
won and a new government for Manitofcfe, 
was formed by Messrs. Greenway and 
Martin. To gain the confidence of the 
Catholics, Mr. Prendergast, one of their 
leaders, was invited into the cabinet. Be- 
fore entering, however, he sought the ad- 
vice of Archbishop Tache, who requested 
some further assurance that the separate 
school act would not be altered. Mr. 
Greenway sent two of his political allies 
to give this assurance, and Mr. Prender- 
gast was made provincial secretary. 

In the first meeting of the legislature, 
Mr. Greenway prepared a gerrymander 
act, which changed the boundaries of 
every constituency in such a manner as 
to make it difficult for a papal candidate 
to contest for representation with any 
hope of success. Then he dismissed the 

In August, 1889, Mr. Dalton McCarthy, 
who had been " arming the just," in 
Ontario over the Jesuit estates act, came 
into Manitoba to advocate an " equal 
rights " campaign. Apart from this he 
was the boon companion of Joseph Mar- 
tin, second in the Greenway government, 
an extreme radical who had, at different 
times, declared his belief, and that of his 


party, as follows : " The Dominion will 
go to smash in a few years. 
A dozen Canadian Pacific Rail- 
ways cannot hold the rotten thing 
together." " Annexation to the United 
States is the only goal to which Cana- 
dians should look." For this reason he 
welcomed McCarthy and his thorn stick 
of " equal rights." It 'was at McCar- 
thy's meeting at Portage La Prairie that 
he declared that his colleagues had de- 
cided to aholish separate schools and the 
French language in Manitoba ! Martin's 
speech aroused the Catholics. A deputa- 
tion of them visited Mr. G-reenway and 
demanded of him whether the government 
intended to abolish separate schools and 
the French language. Mr. G-reenway, in 
elegant phrase, replied : " No ! My 
government have no such intention. That 
man Martin has made an ass of himself. 
I must get rid of him." Later on Mr. 
Martin characterized Mr. Greenway as the 
" most colossal liar of the century." 
(From Dr. Morrison's letter ol 1893.) In 
the meantime the radical government was 
maintaining republican honor. It was ac- 
cused of pocketing thousands of the pro- 
vincial treasure in the Manitoba and 
Northern Pacific railway transaction. 
Some of these " honorable " gentlemen 
had been about to seek additional 
wealth in the bracing financial atmos- 
phere of the Yankee republic, when they 
came up with these railway schemes, and 
other incorporated necessaries for the 
maintenance of public wealth in private 
hands, and they decided to stay and 
" manipulate " at home. Mr. Greenway 
himself announced that his government 
had decided to discontinue the French 
language and separate schools. It was 
bv this plan that the radicals in Mani- 
toba hoped to win the support of the 
growing Protestant population. Mr. Mar- 
tin decided that the schools established 
would be in the strictest sense of the 
word secular: that no pravers, hymns or 
catechism of anv sort should be tolerat- 
ed in their curriculmn. Mr. Martin car- 
ried through the legislature a bill to ab- 
olish the official use of the French lan- 
guage and to disestablish the separate 
schools. By a provision of the same 
Act all property, previously set apart for 
the maintenance of Catholic schools and 
under management of the Catholic com- 
mission was transferred to the secular 
school commission. This action raised a 
great tumult among the Catholics and 
their friends ol the opposition. 
But Section III., Art. 3, of the Cana- 

dian Constitution, provided that : 
" Where in any province a syatem of se- 
parate, or dissentient, schools exist by 
law at the union, or is thereafter es- 
tablished by the legislature of the prov- 
ince, an appeal shall lie to the governor- 
general-in-council from any Act, or de- 
cision of any provincial authority affect- 
ing any right, or privilege, of the Pro- 
testant or Catholic minority of the 
Queen's subjects in regard to education." 
In 1893 the Catholic partv of Manitoba 
appealed from the action of the Manitoba 
legislature (according to the privilege ac- 
corded them by this section) and it was 
decided" that the appeal be allowed. 

It has been observed that it is one of 
the " glories of England's constitution 
that the majority does not rule ; that 
Might shall not trample on the throat of 
night." India, is maintained in peace 
<md prosperity, because England will not 
permit the great religious sects to op- 
press the weaker. The Transvaal was 
annexed because the Boers refused to ob- 
serve justice in dealing with the weaker 
Kaffir tribes. The House of Lords threw 
out Gladstone's Home Rule Bill because 
it would have given over this minority 
in Ireland to the ruthless sway of an ig- 
norant, impulsive and violent majority. 
When Canada was ceded by France to 
England in 1763 England pledged her 
honor that the rights of the Seigneurs 
and the Catholic French should be main- 
tained, and when she handed over the 
country to the self-government of its in- 
habitants, it was with the same stipula- 
tion. In upholding faith, honor, justice, 
in rewarding personal merit, in building 
up good and able generations into a bul- 
wark of imperial greatness, the power of 
the British empire shows in this case as 
in others, that it is the guardian of hu- 
man liberty and the true father of the 



As a proper introduction to the history 
of the United British Provinces since Con- 
federation it is necessary to affirm that 
the influence of political struggles in 
older Britain have their determinating 
effect on the outskirts of the Empire. 


Confederation in Canada was the effect 
of a temporary success of the royalist 
sentiment in political action in England, 
against the ever crowding encroachments 
of British democracy. These encroach- 
ments are manifested in radical parlia- 
mentary outbursts of hostility to the 
hereditary honors and privileges of the 
peerage and in a remoter degree to the 
Crown itself. 

The two great parties, whose clamors 
have disturbed the peace of national life, 
at times even with bloodshed — the one 
standing for the Crown and responsible 
government, the other for parliamentary 
rule, or the government of the irrespon- 
sible populace, headed by factious self- 
ruling leaders — have stirred the spirit of 
contention into similar divisions even to 
the remotest colony. 

A.t home, in Britain, it has been felt 
by the republican radicals, that the loy- 
alty of colonists to the Crown is a me- 
nace to themselves, and a difficulty in the 
way of the realization of their purposes 
in domestic politics. The maintenance of 
a colonial empire, inasmuch as it gives 
the Crown an external military and civil 
strength, has been, at favorable mo- 
ments, a point of attack. As the main 
purpose of the radical, parliamentary or 
republican party is the abolition, first of 
the hereditary guardianship of the peer- 
age, and then the substitution of an 
elective form of government for the pre- 
sent hereditary monarchy, the doctrine 
is advocated to dismember domestic pol- 
itics of imperial concerns ; to encourage 
the colonies to become independent na- 
tions and to " shift for themselves." 
These doctrines are advocated on econ- 
omic and hedonistic principles. 

To quote from Lord Beaconsfield's 
speech at the Crystal Palace in 1872, is 
now opportune. That nobleman said : 
" If you look to the history of this 
country since the advent of Liberalism, 
40 years ago, you will find that there 
has been no effort so continuous, so sub- 
tle, supported by so much energy and 
carried with so much ability and acu- 
men, as the attempt of Liberalism to ef- 
fect this dismemberment of the Empire 
of England." * * * " Statesmen of the 
highest character, writers of the most 
distinguished ability, the most organized 
and efficient means have been employed in 
this endeavor. It has been proven to all 
that we have lost money by ' our colo- 
nies." * * * " How often it has been 
suggested that we should emancipate our- 
selves from this incubus !" 

" When these subtle views were adopted 
by the country under the plausible plea 
of granting self-government, 1 confess 
that I thought, myself, that the tie was 
broken. Not that 1, for one, object to 
self-government. 1 cannot conceive how 
our distant colonies can have their af- 
fairs administered except by self-govern- 
ment. But self-government, when it was 
conceded, ought to have been a part of 
a great policy of imperial confederation. 
It ought to have been accompanied by an 
imperial tariff, by securities to the people 
of England for the enjoyment of the un- 
appropriated lands which belonged to the 
Sovereign, as their trustee, and by a mi- 
litary code which should have precisely 
defined the means and the responsibility 
by which the colonies might be defended, 
and by which, if necessary, their Sover- 
eign might call for aid from the colonies 
themselves. It ought, furthermore, to 
have been accompanied by some repre- 
sentative council in the metropolis, which 
would have brought the colonies into con- 
stant and continuous relation with the 
home government. All this, however, was 
omitted, because those who advised that 
policy looked on the colonies of England 
as a burden on this country, viewing 
everything from a financial standpoint, 
and totally passing by those moral and 
political considerations, which make na- 
tions great, and by the influence of which 
alone, men are distinguished from ani- 

" Well, what has been the result of this 
attempt during the reign of Liberalism, 
for the disintegration of the Empire ? It 
has entirely failed. * * * Through the 
sympathy of the colonies for the Mother 
Country, they have decided that the Em- 
pire shall not be destroyed, and, in my 
opinion, no minister in the country, who 
does his duty, will neglect any opportun- 
ity of reconstructing the colonial empire, 
arid of responding to those distant sym- 
pathies which have become the source of 
incalculable strength and happiness to 
this land." 

As a consequence of this policy in Brit- 
ain, there has grown up in Canada, and 
the other colonies, alongside of the Roy- 
al, or Imperialist, party, a national, or 
democratic party, using the same argu- 
ments, economic and hedonistic as those 
used in the British Isles. In truth, it is 
necessary to remark that, even at the 
best, the civilization of democracies is 
but a luxuriated hedonism. Its most 
cultured members laugh at ideals of life 
and criticize their practibility. To them 

6 4 

there is only the practical of the neces- 
sary — eating, drinking, clothing, money- 
making. Their social leaders are bon- 
vivant's, wine-bibbers and dandies. Their 
political leaders are shrewd rascals of 
the lower orders seeking self-advancement 
and wealth by deluding the multitude 
with flattery and farse doctrine, in which 
they advance the proposition that the 
donkey is equal to his master, and that 
equality comes before liberty— although 
all the world knows that " liberty and 
equality are mutually exclusive." With 
the polite in democracies it is, as in 
other forms, considered a fashion to em- 
ploy the leisure moments in reading the 
poetry and philosophy, nay, even the his- 
tory of all times— but not, as under the 
monarchial idealism, to profit by les- 
sons contained therein. Ideals, in dem- 
ocracies, are so transparently silly that 
no one is inspired by them, and the so- 
ciety of democracy — even the most refined 
is by far too -gf oss to appreciate what is 
beyond the ability of its members to 

Across the border, such institutions as 
democracy represents menace to -the fu- 
ture of the American States, by break- 
ing down barriers of race, destroying the 
integrity of the families as a unit, and 
debasing the merit of the highest man in 
equality with the lowest until in the 
jumble and admixture of every species a 
mongrel type with a mongrel code suc- 

The presence of ideals proves intellect- 
ual clearness and the purity on which 
that intellect is founded. The presence of 
ideals prove that there is a distinct 
stratum in the nation whose soul yet 
lives above the dross of materialism. If 
these ideals are not realized, it is be- 
cause their class has not enough of na- 
tional power to encompass them with 
reality, but they reflex in new life to the 
mental magnetism, wherein they origin- 
ated, and this life is transmitted into 
the actual physical life of the future. 

It is on such a proposition as this 
that the social organism is based. It is 
on the false prophecies of -devolution and 
decay that it is attached : first in im- 
perial groups, then in family groups and 
last in the life of the individual him- 

This has been the course pursued in 
Canadian politics by the national, or 
democratic, party. Separation from the 
Empire has been a theme co-extensive 
with the destruction of the seigneurial 
order in Quebec and hereditary holdings 

in Ontario, while every reward of per- 
sonal merit by the Crown in Canada 
has been met by attalks from the same 

In this Canadian National party, a 
small faction was formed, who looked 
to the United States as a model and, in 
a greater or less degree of vagueness re- 
sponded by annexation arguments as the 
solution of all difficulties, political and 
financial, in Canadian affairs. This fac- 
tion, however, has been silenced by the 
display of those social and financial dis- 
asters that have disfigured the history 
of the American republic in recent years, 
and the disregard for national and inter- 
national ethics, that ever characterized 
the action of that republic. It has shown 
them the dangers that are in the future 
for Canada, should annexationism be al- 
lowed to flourish within the border. 
They have discovered that the Yankee 
has a critical spirit and an iconoclastic 
disposition that is fatal to the growth 
of sentiment and the development of 
ideals. They have discovered that he is 
not only unreliable in politics, but that 
he is a born malignant. A change of 
abode among other races and under other 
governments does not alter his propen- 
sity. He has exhibited himself every- 
where as an intriguer against monarchy, 
a meddler and a money-worshipper, whose 
holy of holies is the open purse. The 
riotous course of the democracy has 
strengthened the royalty of Europe by 
retrospection and killed the annexation 
propensities of the small faction of dis- 
affected radicals in Canada. 

In the United States themselves, a re- 
action against the terrible tyranny and 
criminality of the republican democracy 
is not impossible, when the wise of the 
population see the result of the tendency 
of class distinction, the destruction of 
colonial excellence and the mongrelization 
of races.. As the result of these things, 
the Medical Times has traced the rise of 
the tide of crime. " In 1850," it de- 
clared, " there was one criminal in 3500 
of our population. In 1890 there was one 
in 786— a terrible increase in forty years. 
The republic is young. Reckoned by the' 
age of nations, it has hardly yet cast 
aside its swaddling clothes, and yet in 
energy, in prosperity, in wealth, and 
strength, it stands as ancient as Rome 
stood, a giant among the powers of the 
world. There must be some way to stay 
this mad rush of crime : some remedy for 
its bacteria, which is poisoning the foun- 
tains of moral and physical health." 


Many see that contagion is the result of 
contact and draw-back from Yankee affi- 
liation As for the National party itself, 
its fate has been determined by the mili- 
tary designs of the Empire. The London 
Times of 1893, animated by the spirit 
of these designs, said that Great 
Britain cannot entertain the proposition 
of Canadian independence any more than 
that for annexation ; that Canada, as 
part of the Empire, is as necessary for 
the conservation of the whole as the key- 
stone of an arch is for that of the arch. 
That Canada is the western intermediary 
of England. India and Australia, in the 
event of the destruction of the Suez Ca- 
nal—a very probable contingency or a 
war in the east prosecuted by European 
powers. To retain Canada by the mili- 
tary arm, if necessary, the most power- 
ful and admirably appointed fortifications 
have been erected from Vancouver to Ha- 
lifax by the Imperial authorities. Im- 
perial troops are constantly paraded 
across the Canadian breadth on their 
way to India, and from thence. The or- 
ganizations of the regular Canadian mi- 
litia and volunteer forces are drawn 
to maintain— not the Canadian govern- 
ment, but the supremacy of the British 
Crown and Empire, and their command- 
er-in-chief is chosen from the Imperial 
army itself. At the present time, the 
strongest, bravest, best and most intel- 
ligent of the Canadian population are in 
sympathy and accord with imperialist de- 
signs and pledged to the unity of Em- 
pire. In 1894, an assembly was held at 
Ottawa of representatives of the differ- 
ent provinces, even from far distant Aus- 
tralia and Cape of Good Hope, to devise 
means for a closer connection between 
the colonies ; to further intercolonial 
trade and to bind by the coarser, but 
still strong bonds of material interests 
the various colonies in a confederation 
for trade. At that meeting, the proposal 
was advanced to put to the test the 
loyalty of Canadians, and to submit to 
them, at no distant day, the proposition 
of raising Canada from a provincial po- 
sition to royal dignity, The carrying out 
of such a proposition will necessitate im- 
perial representation at London, and the 
same design is intended to be applied 
to the Australian and Cape provinces. 


When on July 1, 1867 the confederation 

of the various provinces of British North 
America occurred, to which all have ac- 
ceded with the exception of Newfound- 
land, it was agreed on the adoption of 
the following system of government and 
constitution : 

First, all the treaty obligations under 
which the British Crown received the 
country from France. Bv these the Brit- 
ish Crown agrees to assume the obliga- 
tions towards the Seigneurial Order, the 
clergy and the habitants, which the C»:own 
of France had in exchange for the trans- 
fer of the allegiance of the Seigneurial 
Order, the clergy and the habitants. 

Secondly are the Imperialists, by means 
of which powers of the imperial covein- 
ment, of the sovereign-in-council. have 
been conferred on the various provincial 
governments and the Dominion adminis- 
tration. The most important of these are 
the 34 and 35 Vic. (i) c 28 conferring on 
the Dominion " power to establish new 
provinces and to provide for the rovern- 
ment of any territory not within the lim- 
its of a province." On the other band 
the 38 and 39 Vic. (i) c. 38 repealed the 
18th section of the Act of 1867. " hold- 
ing to the privileges of the Dominion 
parliament, with a clearer definition of 
the ' powers of the legislature to deter- 
mine its own privileges,' " etc. 

Thirdlv are the Dominion Acts, which 
have taken the form of laws, or statutes 
passed by the Dominion government on the 
basis of those prerogatives granted it by 
the Imperial Acts and subservient to the 
Treaty Obligations. 

Fourthly are the Provincial Acts, which 
relate to the administration of the law 
according to the above in each province, 
passed by the legislature of each prov- 

If any citizen of the empire residing in 
the Dominion sees fit to dispute the leg- 
ality of a provincial act, which effects 
him injuriously, he has a right to appeal 
from the Supreme Court of Canada to 
the imperial authorities, as in the ease 
where the Liberals in Manitoba infringed 
the rights of the clergy to establish sep- 
arate schools with the Catholic part of 
the school fund, the imperial authorities 
by such obligation of the Crown reversed 
the Provincial Act of Manitoba in favor 
of the clergy. 

Based on the division which these acts 
represent the government consist theore- 
tically in the Crown, the Seigneurial 
Order, the clergy and the habitants, but 
in reality the Seigneurial Order, the 
clergy and the habitants have been 


merged in one representation under the 
Crown in the following manner : — 

The Crown is represented in Canada by 
an official commissioned lor such a pur- 
pose by the British ministers and termed 
the Governor-General. But here let it be 
observed this manner of representing the 
Crown is contrary to the Treaty Obliga- 
tions, because the King of England suc- 
ceeded to the prerogatives of the King of 
France in Canada ; and the King of 
France not only nominated his own min- 
istry, but appointed the governor for his 
domain. While the King of England does 
not nominate his own ministry— who are 
the creatures of a British democracy— 
and these ministers nominate the gover- 
nor-general, whose commission the King 
signs— nominally for the empire, but in 
reality for the ministry— the servants of 
the British democracy. 

The Canadians have a democracy of 
their own where politicians are bad en- 
ough, and it is an additional affront to 
be called on to recognize a governor-gen- 
eral who is parcel of the EJritish demo- 
cracy and only nominally a Crown offi- 
cer. It is one of those " fictions " of the 
law that a facetious man would call a 
" mascarade." Many Canadians have 
felt this and more than once efforts have 
been made to obtain as governor-general 
some member of the royal family, so that 
the " fiction " might end in reality. The 
powers of the governor-general are as fol- 
lows : He appoints senators and the 
speaker of the Senate. He summons Par- 
liament and dissolves it. He recommends 
money grants, gives assent to bills and 
may veto them. He is not bound to fel- 
low the advice of the ministry. As re- 
gards the Dominion executive, he appoints 
the ministry ; although the army is con- 
trolled by the minister of militia, his 
functions are prescribed by the governor- 
general. He appoints the judges and ex- 
ercises th~e right of pardon. He appoints 
the lieutenant-governor of provinces and 
may disallow provincial acts. He holds 
office during the pleasure of the British 
ministry, but " in accordance with the 
standing rule at the colonial office, his 
term of service is limited to five, or six 

The Seigneurial Order and the clergy 
have no direct representation. Tt was in- 
tended that the Senate should stand in 
Canada as the House of Lords in Eng- 
land. Its members are appointed by the 
governor-general in the name of the 
Crown, but according to the wishes of 
the dominant faction of majority. In 

this way, to erain a nomination, the Se- 
nate has become a kind of reaching stick 
for old politicians who happen to be in- 
fluential with the leaders of the party in 
power when a vacancy occurs . There 
were 24 senators allotted Quebec, 24 On- 
tario and 12 each New Brunswick and 
Nova Scotia in 1867, since which time, 
by the increase of provinces in the Do- 
minion, the number has been raised to 
80. The Imperial Act of 49 and 50 Vic. 
c. 35 gives the Dominion Parliament 
" full power to make provision for the 
representation in the Senate of anv new 
province or any new tertitory." To 
show that the politicians may use the 
Senate as a trick card to increase their 
own gain, in Dec, 1873, the Canadian 
Privy Council, " in the public interest, 
but in reality to increase the supporters 
of the ministry in the House, advised 
that an application bt made to Her Ma- 
jesty to add six members. The recommen- 
dation was forwarded by the governor- 
general to the colonial secretary, who, 
under the circumstances, declined to ad- 
vise Her Majesty to complv with the re- 
quest." (Monroe on the " Canadian Con- 
stitution," p. 143). Thus it may be 
seen that . while the Senate, a copy of 
the House of Lords in Canada, was in- 
tended to represent the aristocrats, it 
has become a political nursery for those 
choice members who are past-masters in 
politics. Had not the colonial secretary 
been sharp enough to see through the 
game in 1873 a precedent would have 
been established which would have ruined 
speedily all respectability in the Cana- 
dian Government. 

Under these pretences and " mascar- 
ades " the real power of government is 
beheld to reside in the House of Com- 
mons, which is elected by the people un- 
der various qualifications for sufferance as 
there are provincial parliaments who have 
the right of imposing them. It is the 
parliament that forms the ministry, it 
is the ministry of the dav that de- 
termines the character of the Senate, it 
is these all together that influence the 
control of the governor-general, and the 
governor-general himself is the result of a 
similar democratic control of the British 
parliament and ministry. What, though 
all members of the Canadian Parliament 
swore allegiance to the Crown before they 
were invested with the powers of office ! 
Does that allegiance make them royal- 
ists ? Do they understand it as did the 
honest and honorable cavaliers of old ? 
Or do they swear it in a Pickwickian 


sense, or as the old clothes' man, who 
calls on God to strike him dead " on the 
spot" if his word is not true, and then 
1 ops off the spot ? The answer may be 
left to those who read the speeches of 
these representatives of " the people " in 
Parliament ; it may be left to those who 
witness the catering of these "members " 
again and again to Yankee huxters from 
beyond the border. 

And having shown the means by which 
treaty obligations arid the King's true 
representation are observed " in the 
breech," it is necessary to pass from 
these internal effects to the external in- 
fluences which are being united to them 
1o tbe extinction of Canadian glory and 
the decay of empire. By glory is not 
meant the commercial effect of a people's 
prosperity any more than by empire is 
meant commercial supremacy. Yet both 
commercial and financial effects are used 
against Canada by an enemy that has 
tried and failed in other wavs of con- 
quest. This enemy is the United States. 

Twice have the Yankees attempted by 
arms to vanquish the Canadians (1770-83 
and 1812-15) and twice have they been 
beaten off. Twice by diplomacy have 
thev sought to control Canada (bv tariff 
restriction and by annexation propagan- 
da) and twice have they been defeated. 
And now thev are making, in 1903. a new 
effort by another and more potent means, 
by financeering within Canada itself, to 
possess both land and people. With the 
government of Canada composed of such 
corrupt products as the representatives of 
the democracv alone, outside the direct 
influence of the Crown and aristrocacy — 
with responsible and ethical harriers re- 
moved—what cannot, the purchase rower 
and monied influence of Yankee trusts and 
combines do with the Dominion Govern- 
ment ? 

Tn 1867 the Canadian Government re- 
ceived for the Canadian people the man- 
agement of all the lands of the Crown. 
with their vast and valuable forests and 
their hidden mines of wealth. The Cana- 
dian Government was nominated by the 
Crown to act as trustees for the Cana- 
dian people for these things. How have 
thev— these scions of democracy— perform- 
ed their stewardshin ? Look abroad at 
the public lands— the Crown lands— 25.- 
000.000 acres granted to a railwav cor- 
poration (C. P. R.V the maior part of 
the forest lands of Quebec. Ontario, New 
Brunswick and Nova Scotia bonded to 
Yankee lumber trusts : the coal-fields of 
Cape Breton and Nova Scotia, the nick- 

el and copper mines of Ontario and Que- 
bec leased to Yankee exploiters. Cana- 
dians returning to their native land have 
no valuable foot of ground on which to 
settle, because it is subject to these same 
Yankee claims, and they are forced to go 
away again, or take poor and valueless 
sit' s. These Yankee non-residents, living 
in the United States, work the natural 
treasures out of Canadian soil, transport 
the raw material across the border, and 
share the wealth they have derived bv 
the aid of these scions of the Canadian 
democracy with their own manufacturers, 
who make this raw material into goods, 
and then, with only a little tariff to pay, 
carry them again into Canada and sell 
for another profit. Out of all this wealth 
the only thing that remains to the Ca- 
nadian people is the wage paid the labor- 
er who cuts down the trees and digs out 
the coal and metal. It has been declared 
by Yankee financiers that for " economic, 
commercial and military reasons they 
must possess Canada," and by these fin- 
ancial means they are nearer controlling 
the destinies of Canada than ever before 
—for they have a foot-hold in the coun- 
try ; they are the greatest shareholders 
in what manufactories exist ; they gov- 
ern the votes of those whom they em- 
ploy, and they can close the resources of 
the country by a meeting of the board of 
directors of their financial companies. 

But the greatest source of Canada's 
prosperity at present is in agriculture 
and the fisheries. The farmers and fish- 
ermen receive great revenues yearly, 
which they put in the local banks. The 
greater the bank the greater its receipts. 
The surplus of monied wealth put in the 
banks of Montreal, Toronto, Nova Scotia 
and New Brunswick, what becomes of 
it ? Is the bulk of it expended in Cana- 
dian improvements, where the interest 
and security is good ? It has been ex- 
posed again and again by Canadian fin- 
ancier writers that the bulk of this mon- 
ey is sent by the banks into Yankee in- 
vestments that the rotting fabric of Yan- 
kee finance may be bolstered bv Canadian 
property. Besides, it is another means 
they have taken to possess the country — 
for they have purchased controlling in- 
terests in the greater of the Canadian 
banks. The most clever and unscrupu- 
Jous financial schemers in the world, un- 
impeded by any nice sense of honor, their 
promises are nothing but baits to catch 
unwary gold-fish. The first barrier that 
threatens their advance in the confedera- 
tion of the British colonies of the em- 


pire and the formation of a plan of free 
trade within the empire, at the same 
time elevating a tariff against the goods 
of other nations. In the accomplishment 
of this is not only the safety of Canada 
the interests of the empire itself. Unless 
this is accomplished, each colony will be 
obliged to make its own arrangements 
with foreign states for the disposal of 
its surplus products, and to lean with 
fall tributary— financially— to the largest 
trade centres with which it may be ob- 
liged to form a connection. Herein the 
Yankees see their opportunity. They know 
that the major part of the Canadian peo- 
ple favor connection with Great Britain 
enough to pledge themselves a greater 
way towards its consummation than the 
prople of Britain have been willing to go. 
There are many thick heads in Britain. 
They do not perceive that this plan 
places the products of the richest parts 
of the world, with the purchase power 
thereof, in a friendly way, at their ex- 
clusive disposal, which is better than ta- 
king the shadowy chance of the grudging 
concession of hostile lands. But per- 
chance the British opposition, like some 
in Canada, think that the opportunity is 
too small, and would act like the Span- 
ish Zore de Espronceda, who, when en- 
tering Lisbon to make his fortune, dis- 
covered that all his wealth was in one 
little gold coin, and decided that it was 
too small for one of his consideration to 
enter a town with and threw it away ! 
But the Yankees do not throw away the 
chance the filing of a shilling may give 
them. And now they are filing the Brit- 
ish shilling in London, by stipending a 
party to oppose the imperial tariff ar- 
rangement. They have used the court 
influence of their parvenue heiresses, 
seized of the titles of degenerate peers, 
to heighten the American estimate, until 
they obtained the concession from Lord 
Charles Beresford, at the banquet given 
in London bv Yankee naval officers in 
1903, that " they (the Yankees) would 
have been unworthy descendants of the 
Anglo-Saxons if they had not kicked the 
Mother Country into the sea when they 

did " (1776). This was the report that 
went through the United States press 
with jubilation, and cast an affront at 
the present 2,000,000 descendants of the 
French and English loyalists of the same 
period, who saved Canada to the Crown 
in 1776 and in 1812 beat back these same 
" shouting Yankee Anglo-Saxons " who 
attempted to wrest Canada from Britain 
while her back was turned in the wars 
of Europe. 

If Canada is to grow great and inde- 
pendent and prosperous in itself ; if it is 
to preserve the glory and honor of the 
past as a heritage for the future, she 
must cast out this foreign influence. In 
the first instance, in regard to the ced- 
ing of these great forest and mineral 
rights to foreign companies, the Domin- 
ion and provincial governments have ex- 
ceeded their prerogatives as trustees of 
the people for the Crown lands in Can- 
ada and these, grants are, ipso facto, null 
and void. It is only a " fiction " — one 
of these famous " fictions " of the Eng- 
lish law that can cover this case— for the 
reality shows that they have violated 
their trusteeship and it should be set 
aside. These demagogues of the democ- 
racy, who have been malfeasance of gov- 
ernment personified in Canada, have pro- 
ven that they cannot be trusted with the 
care of so vast an estate as the Crown 
has appointed them to, and there should 
be a move made to invite the Crown to 
take un again control of the Crown 
lands throughout the Dominion. This 
will remove the danger at once of having 
what ought to be for the benefit of Ca- 
nadians transferred to the control of hos- 
tile foreigners. By Imperial Act this 
could be accomplished, an appeal from 
the malfeasance of trusteeship in the Do- 
minion and provincial governments. But 
until the responsible and hereditary 
classes of Canada unite to take a public 
and open stand in the name of Crown 
and constitution against radical excesses' 
and corruption of which these are sam- 
ples, the course of affairs may be expected 
to flow fn a constantly lowering channel.